Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5079 of 2018 Petitioner :- Rameshwar Prasad Sharma Respondent :- Additional Judge, Small Causes Court, Moradabad And 12 Others Counsel for Petitioner :- Kshitij Shailendra
Hon'ble Mahesh Chandra Tripathi,J.
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 respondents.
The applicant has approached this Court to expedite the proceedings of Original Suit No.69 of 2001 (Rameshwar Prasad Sharma vs. Satya Prakash and others) pending before learned Additional Judge, Small Causes Court, Moradabad.
Learned counsel for the petitioner states that the petitioner is aged about 88 years. He has filed the aforesaid Original Suit against the private respondents claiming a decree for partition of his 1/2 shares in the property in dispute. In the aforesaid suit, the issues were framed on 2.1.2003 and the date is fixed for recording plaintiff's evidence. The request has been made for issuing direction to the Court below for deciding the aforesaid suit within some 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 expedite the proceeding of pending Original Suit No.69 of 2001 (Rameshwar Prasad Sharma vs. Satya Prakash and others) 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 :- 27.7.2018 RKP