Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6528 of 2018 Petitioner :- Ram Kishun Respondent :- Learned Civil Judge (Junior Division ) Jaunpur And 6 Others Counsel for Petitioner :- Ghanshyam Das Mishra,Prem Chandra Patel
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
Defendant-petitioner has approached this Court to expedite the proceedings of Original Suit No. 799 of 2002(Siyaram and another Vs. Ram Kishun and others) pending before Civil Judge (Junior Division), Jaunpur.
Learned counsel for the defendant-petitioner states that the aforementioned suit is pending since 2002. Initially an ex- parte injunction order has been accorded in favour of the plaintiff-respondents, on account of the which, plaintiff- respondents are creating all sorts of obstructions so that the suit proceeding may be delayed indefinitely and as such request has been made to expedite proceedings of the suit in question.
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 Suit 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, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 6.9.2018 A.K.Srivastava