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Saieed Ahmad And Another vs Sarfaraj And Others

High Court Of Judicature at Allahabad|26 July, 2018
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JUDGMENT / ORDER

Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5035 of 2018 Petitioner :- Saieed Ahmad And Another Respondent :- Sarfaraj And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Dhirendra Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondent.
The petitioners have approached this Court with the prayer to ask the Court concerned i.e. Civil Judge (Senior Divsion), Muzaffar Nagar to decide the application 6-C pending in Original Suit No.545/2017 (Saieed Ahmad and others vs. Sarfaraj and others) expeditiously.
Learned counsel for the petitioners submits that the suit for cancellation of sale deed dated 24.11.2017 has been filed and the notice has already been issued to the respondents and as such, request has been made that the Trial Court may be directed to decide the 6-C application on the date fixed as it has been informed that the next date fixed in the matter is 20.08.2018.
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 consider and decide the application 6-C pending in Original Suit No.545/2017 (Saieed Ahmad and others vs. Sarfaraj and others), if possible on the next date fixed in the matter, otherwise as expeditiously as possible preferably within two months period thereafter, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 26.7.2018 A. Pandey
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Title

Saieed Ahmad And Another vs Sarfaraj And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 July, 2018
Judges
  • Mahesh Chandra Tripathi
Advocates
  • Rajiv Sisodia Dhirendra Kumar Srivastava