Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3080 of 2019 Petitioner :- Ramesh Chandra Hota And 2 Others Respondent :- District Judge District Allahabad And Another Counsel for Petitioner :- Prem Chand Pandey
Hon'ble Saurabh Shyam Shamshery,J.
Shri.Prem Chand Pandey, learned counsel appearing on behalf of the petitioners submits that the petitioners have filed a Misc.Civil Appeal No.122/2015,(Ramesh Chandra Hota and Others. Vs. Smt.Saroj Kumari & Ors), which is pending before the Court of District Judge, District-Allahabad.
The grievances of the petitioners is that despite the appeal is pending since 2015 and no substantial progress has been made in the appeal. Learned counsel for the petitioners has relied upon the order sheet annexed with this petition as Annexure No.3 to substantiate his submission. He has further relied upon a judgment passed by the Hon'ble Supreme Court in the matter of M/s. Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others 2011 (89) ALR, 232, wherein in para 14, the Hon'ble Supreme Court specifically held that:
" 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."
Considered the submissions and perused the record.
This writ petition stands disposed of with the direction upon the court concerned to adjudicate the pending Misc.Civil Appeal No.122/2015,(Ramesh Chandra Hota and Others. Vs. Smt.Saroj Kumari & Ors), in accordance with law without granting any unnecessary adjournment to either of the parties preferably within a period of six months.
Order Date :- 25.4.2019-SB