Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5995 of 2018 Petitioner :- Sant Kumar Sharma Respondent :- Ram Singh And Another Counsel for Petitioner :- Mukti Nath Dwivedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The applicant has approached this Court to expedite the proceedings of Misc. Civil Appeal No.13 of 2017 (Ram Singh and another vs. Sant Kumar Sharma) pending before the court of Additional District Judge-13, Shahjahanpur, arising out of Misc. Case No.156 of 2014 (Ram Singh and another vs. Sant Kumar Sharma) in Original Suit No.455 of 2010 (Sant Kumar Sharma vs. Ram Singh and another) as early as possible within reasonable 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 Misc. Civil Appeal No.13 of 2017 (Ram Singh and another vs. Sant Kumar Sharma) pending before the court of Additional District Judge-13, Shahjahanpur, arising out of Misc. Case No.156 of 2014 (Ram Singh and another vs. Sant Kumar Sharma) in Original Suit No.455 of 2010 (Sant Kumar Sharma vs. Ram Singh and another) and conclude the same, in accordance with law, as expeditiously as possible and preferably within two years 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 :- 23.8.2018 Jitendra