Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6034 of 2018 Petitioner :- Yogendra Nath Shukla Respondent :- Civil Judge And Another Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari
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 defendant-respondent no.2.
The applicant has approached this Court to expedite the proceedings of Original Suit No.691 of 2005 (Yogendra Nath Shukla vs. Rajeev Mishra) pending before learned Civil Judge (Senior Division), F.T.C., Gorakhpur.
Learned counsel for the petitioner, on the basis of ordersheet which is appended alongwith the writ petition, submits that the plaintiff-petitioner filed the aforesaid suit for declaring the sale deed dated 6.10.2005 registered on 7.11.2006 as null and void, in which notice was issued to the defendant but he did not appear. Finally, the trial court vide its order dated 29.9.2018 had proceeded ex-parte against the defendant. After closing the evidence of the plaintiff, the trial court fixed the matter on 17.11.2017 for arguments and since thereafter, several dates have been fixed by the trial court but no endeavour has been made by the trial court to conclude the arguments of the plaintiff. Now the matter is fixed for ex-parte argument on 5.9.2018. The request has been made for expediting the aforesaid suit.
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 Original Suit No.691 of 2005 (Yogendra Nath Shukla vs. Rajeev Mishra) and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months 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 :- 24.8.2018 RKP