Kitab Singh vs Civil Judge, J.D., Mainpuri And 2 ...
2017 Latest Caselaw 8170 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8700 of 2017
 

 
Petitioner :- Kitab Singh
 
Respondent :- Civil Judge, J.D., Mainpuri And 2 Others
 
Counsel for Petitioner :- Ajay Kumar Sharma,Atul Sharma
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

In view of the order, which is proposed to be passed, notices need not go to the private respondents.

The applicant has approached this Court to expedite the proceedings of Execution Case No.42 of 1982 (Smt. Kusum Kumai vs. Lal Ram and others) pending before learned Civil Judge (Junior Division) Mainpuri.

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 Execution Case No.42 of 1982 (Smt. Kusum Kumai vs. Lal Ram and others), in  case there is no other impediment, 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 :- 20.12.2017

RKP