Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5813 of 2018
Petitioner :- Ramanand
Respondent :- Vishwnath And 10 Others
Counsel for Petitioner :- Chandra Prakash Misra
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.
The petitioner has approached this Court with the request to ask the court concerned i.e. Civil Judge (Senior Division), Kushinagar to expedite the proceedings of Original Suit No.180 of 2007 (Vishwanath and others vs. Nathuni and others).
Learned counsel for the petitioner submits that the aforesaid suit is pending since the year 2007 and the land belongs to the petitioner and by using the muscle power, the plaintiff-respondent has grabbed the said land and he is avoiding the suit proceeding in question and as such, this Court should come to the rescue and reprieve of the petitioner.
In view of the decision in the case of Km. Shobha Bose Vs. 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 above, this petition stands disposed of with the direction upon the Court concerned to adjudicate the aforesaid suit, in accordance with law, as expeditiously as possible without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 18.8.2018
A. Pandey