Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6680 of 2018 Petitioner :- Rajesh Kumar Respondent :- Santram Singh Mullik And 05 Others Counsel for Petitioner :- Gaurav Pundir
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
The petitioner has approached this Court to expedite and decide the Execution Suit No.22/2010 (Rajesh Kumar vs. Santram and another) pending before learned Civil Judge (Senior Division), Court no.2, Muzaffarnagar.
In view of the order proposed to be passed, notices need not to be issued to the private respondent.
Learned counsel for the petitioner made a statement at bar that the judgement and decree dated 16.09.2010 passed in Original Suit no.198/2007 had attained finality on 16.09.2010 and at no point of time, the defendant-respondent has ever assailed the same and as such, there is no impediment in asking for such relief.
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 expedite the proceeding of aforesaid execution case and conclude the same, in accordance with law, as expeditiously as possible and preferably within one year from the date of production of certified copy of this order provided that there is no other impediment, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 11.9.2018 A. Pandey