Heard learned counsel for the petitioner and perused the record.
The petitioner is before this Court for a direction to the Civil Judge (S.D.)/Fast Tract Court, Chandauli, to decide the application 7-C in Original Suit No.313 of 2011 (Ram Naresh and others Vs. Sanjay Kumar Singh and others) within stipulated period.
From a perusal of the record it appears that an Original Suit was filed by the plaintiff-petitioner in the Court of Civil Judge (S.D.), Chandauli. Alongwith the aforesaid Suit, an application for grant of interim injunction being Paper No.7-C was also filed. Since no decisions were taken on the same, the petitioner filed a Petition No.7160 of 2015 (Matters under Article 227) in this Hon'ble Court and the same was finally disposed of by a Co-ordinate Bench of this Court vide judgement an order dated 08.12.2015, which are reproduced hereunder:-
"Heard learned counsel for the applicant.
The has approached this Court to expedite the temporary injunction application Paper No. 7-C filed in Original Suit No. 313 of 2011, Ram Naresh and others Versus Sanjay Kumar Singh and others, pending in the court of Civil Judge (Senior Division), Chandauli.
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."
In view of the decision in the case of Km.Shobha Bose versus Judge Small Causes Court 2010(1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the facts and circumstances of the case, this petition stands disposed of with the direction upon the court concerned to adjudicate the pending temporary injunction application Paper No. 7-C, in accordance with law, either on the date fixed or immediately thereafter by fixing short dates, without granting unnecessary adjournment to either of the parties, except upon payment of costs. "
It is argued by learned counsel for the petitioner that in spite of the aforesaid order though large number of dates were fixed in the matter but till date no decision has been taken on Application No.7-C filed by the petitioner. It is further argued that next date fixed in the matter before the court below is 18.02.2021.
In view of the order proposed to be passed, notices need not go to the private respondents.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid application in accordance with law positively on the next date fixed in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of one month, thereafter.
Order Date :- 12.2.2021 pks