Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5183 of 2018 Petitioner :- Smt. Sonali Chaturvedi Respondent :- Ashwani Chaturvedi And Another Counsel for Petitioner :- Monika Vaish
Hon'ble Mahesh Chandra Tripathi,J.
The Plaintiff-petitioner who is wife of the defendant-respondent has approached this Court to expedite the proceedings of Execution Case No. 5 of 2017(Smt. Sonali Chaturvedi Vs. Ashwani Chaturvedi) arising out of Matrimonial Case No. 1647 of 2015, pending before the Principal Judge, Family Court, Allahabad.
Ms. Monica Vaish, learned counsel for the petitioner submits that Matrimonial Case No. 1647 of 2015 was preferred by the plaintiff-petitioner and ex-parte judgment and decree has been passed on 21.2.2017 by learned court below dissolving the marriage of the petitioner and respondent no. 1 and also allowing claim of Rs. 22,00,000/- as permanent alimony payable to the petitioner. When the defendant-respondent did not pay the amount of permanent alimony to the petitioner, she has filed Execution Case No. 5 of 2017(Smt. Sonali Chaturvedi Vs. Ashwani Chaturvedi) before the respondent no. 2 on 29.3.2017. She further submits that no doubt an application under Order 9 Rule 13 of C.P.C. has been filed by the defendant- respondent on 17.4.2017 for recalling the order dated 21.2.2017 which was registered as Misc. Case No. 19 of 2017 but at no point of time, the said judgment has been recalled and as such, the request has been made to expedite the proceedings of Execution Case.
Heard learned counsel for the petitioner.
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, without adverting on the merit of the case and without issuing notice to the defendant-respondent, this petition stands disposed of with the direction upon the Court concerned to expedite the proceedings of aforesaid Execution Case and conclude the same, in accordance with law, as expeditiously as possible, in case, there is no other impediment, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A.K.Srivastava