Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5103 of 2018 Petitioner :- Rajesh Kumar Gupta Respondent :- Shri. Ishwar Chand And 3 Others Counsel for Petitioner :- Rafiuddin Ansari
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Rafiuddin Ansari, learned counsel for the plaintiff- applicant.
In view of the order, which is proposed to be passed, notices need not go to the defendants-respondents.
The applicant has approached this Court with request to issue direction to the Civil Judge (Senior Division) Gorakhpur to decide the temporary injunction application (Paper No.7C) dated 1.12.2016 filed in Suit No.522 of 2016 (Rajesh Kumar Gupta vs. Shri Iswar Chand and others) within stipulated time.
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 decide the temporary injunction application (Paper No.7C) dated 1.12.2016 filed in Suit No.522 of 2016 (Rajesh Kumar Gupta vs. Shri Ishwar Chand and others) in accordance with law, as expeditiously as possible and preferably within four months from the date of production of certified copy of this order.
Order Date :- 27.7.2018 RKP