Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5101 of 2018 Petitioner :- Smt. Savitri Devi Respondent :- Satya Prakash And 3 Others Counsel for Petitioner :- Kedar Nath Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiff-applicant.
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 Civil Suit No.430 of 2017 (Smt. Savitri Devi vs. Satya Prakash and others) pending before learned Civil Judge (Senior Division), Court No.10, Deoria.
Learned counsel for the petitioner states that the petitioner was married to Satish Chandra and out of their wedlock, two daughters were born and they are minors. The husband of the petitioner is missing since December, 2004 and after expiry of 14 years, he is presumed to be no more. After the death of her husband, the petitioner is entitled to inherit 1/4th share of the ancestral property of her husband for livelihood and looking after her minor daughters but due to non-declaration of civil death of her husband, the name of the petitioner is not recorded in the revenue record. The petitioner filed the aforesaid suit for declaration of her husband as died on 23.3.2017 and the trial court issued notices to the defendants-respondents but they did not appear. The request has been made for issuing direction to the Court below to decide the aforesaid 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 Civil Suit No.430 of 2017 (Smt. Savitri Devi 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