Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5012 of 2018 Petitioner :- Paras Respondent :- Bankelal And 5 Others Counsel for Petitioner :- Girdhar Prasad Tripathi,Rajeev Trivedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondent.
The defendant-petitioner has approached this Court with the prayer to command the Civil Judge (Junior Division), Jaunpur to decide the Application no.32C dated 16.10.2017 filed by the defendant-petitioner in O.S. no.102/2017 (Banke Lal and others vs. Kedar and others) expeditiously.
Learned counsel for the defendant-petitioner states that the aforementioned case has been preferred by contesting respondent for permanent injunction on 28.01.2017. The defendant-petitioner has already filed detailed written statement denying the claim set up by the plaintiff-respondent but the aforesaid injunction suit is pending consideration on account of raising an application for repair in his holding, which is pending consideration and as such request has been made that the said application may be decided expeditiously.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to consider and decide the application no.32C dated 16.10.2017 filed by the defendant-petitioner in O.S. no.102/2017 (Banke Lal and others vs. Kedar and others), in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 26.7.2018 A. Pandey