Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5878 of 2018 Petitioner :- Shahid Ali Respondent :- Abdul Gafur (Died) And 6 Others Counsel for Petitioner :- Pavan Kumar
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 Original Suit No.627 of 2017 (Iftekhar Ahmad vs. Abdul Gafur and others) pending before learned Civil Judge (Junior Division), Nagina, District Bijnor and to issue direction to the trial court to decide the application for temporary injunction (6C0 filed in the aforesaid suit within 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 decide the application (6C) filed in Original Suit No.627 of 2017 (Iftekhar Ahmad vs. Abdul Gafur and others) in accordance with law, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order. The aforesaid suit may also be decided expeditiously, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 20.8.2018 RKP