Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6965 of 2018 Petitioner :- Rajendra Bahadur Respondent :- Kashi Prasad And 07 Others Counsel for Petitioner :- Hari Pratap Gupta,Manish Gupta Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to make necessary correction in the prayer clause of the writ petition forthwith.
Heard learned counsel for the plaintiff-petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The petitioner is before this Court with request to issue direction to the Civil Judge (Senior Division) Gorakhpur to decide the substitution application (Paper No.33Ka2) filed on 2.7.2015 for substituting the legal heir and repreentative of plaintiff no.3/proforma respondent no.8 Jitendra Bahadur and Original Suit No.469 of 2011 filed by the petitioner for partition of his ancestral property situated in Mohalla Hashoopur, Tappa Kasba, Pargana Haveli, Tehsil Sadar, District Gorakhpur 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 substitution application (Paper No.33Ka2) filed on 2.7.2015 as expeditiously as possible and preferably within three months from the date of production of certified copy of this order. The trial court will also expedite the proceeding of aforesaid Original Suit No.469 of 2011 and conclude the same, in accordance with law, as expeditiously as possible and preferably within two years 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 :- 18.9.2018 RKP