Islam Hussain vs Akaram Husain And 14 Others
2015 Latest Caselaw 4687 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6860 of 2015
 

 
Petitioner :- Islam Hussain
 
Respondent :- Akaram Husain And 14 Others
 
Counsel for Petitioner :- Vinod Kumar Singh
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the applicant and learned Standing Counsel.

The applicant has approached this Court to expedite the proceeding of injunction application ( 6C) dated 21 May 2011 filed by the plaintiff-applicant under Order 39 Rule 1 C.P.C. in Original Suit No. 1022 of 2011 ( Islam Husain Vs. Akram HNusain and others) pending in the court of Addl. Civil Judge ( Junior Division), Court no. 13, Allahabad.

Learned counsel for the petitioners has relied upon M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, wherein, in para 14, the Hon'ble Supreme Court 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.

Considering the facts and circumstances of the case, this petition stands disposed of with the direction upon the Court concerned to adjudicate the pending injunction application ( 6C) filed by the plaintiff-applicant under Order 39 Rule 1 C.P.C. in Original Suit No. 1022 of 2011 in accordance with law, either on the next date fixed or immediately thereafter by fixing short dates, without granting unnecessary adjournment to either of the parties, except upon payment of cost. 

Order Date :- 26.11.2015

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