Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5952 of 2018 Petitioner :- Shreesh Gupta Respondent :- Smt.Preeti Gupta And Another Counsel for Petitioner :- Satya Dheer Singh Jadaun,Arvind 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 petitioner has approached this Court with the prayer to ask the Court concerned i.e. Principal Judge, Family Court, Kanpur Nagar to decide the recall application dated 10.05.2018 filed by the petitioner to recall the order dated 16.04.2018 as well as the Matrimonial Petition no.1568/2016 expeditiously.
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 aforesaid recall application, in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order and thereafter in case the Matrimonial Petition no.1568/2016 would remain pending, the same may also be decided within one year's period, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 21.8.2018 A. Pandey