Shailendra Kumar Yadav vs Smt. Shweta Yadav
2014 Latest Caselaw 2054 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 
Case :- WRIT - C No. - 29203 of 2014
 
Petitioner :- Shailendra Kumar Yadav
 
Respondent :- Smt. Shweta Yadav
 
Counsel for Petitioner :- S.K. Rao,O.P. Singh
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the petitioner.

The applicant/petitioner has approached this Court to expedite the Case No. 367 of 2012, Shailendra Kumar Versus Sweta Yadav, pending before the Principal Judge, Family Court, Kanpur Nagar.

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."

In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.

No ground has been made out by the learned counsel for the petitioner to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

The writ petition is dismissed.

However, dismissal of this writ petition shall not preclude the applicant/petitioner in filing appropriate urgency application before the concerned court which shall consider the said application and pass appropriate orders within a period of three months from the date of receipt of certified copy of this order.

Order Date :- 26.5.2014

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