Allahabad High Court
Royal Convent School Shiksha ... vs Sri Vijay Saraswat on 3 October, 2023
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:189875
Court No. - 2
Case :- MATTERS UNDER ARTICLE 227 No. - 9455 of 2023
Petitioner :- Royal Convent School Shiksha Samiti
Respondent :- Sri Vijay Saraswat
Counsel for Petitioner :- Anil Kumar Pandey,Sunil Kumar
Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner.
2. By means of the present writ petition, the petitioner prayed for the following relief:
"(a) direct the learned Additional Civil Judge (Junior Divisioni)-II, Firozabad to decide the petitioner's application (Paper No.7-C) dated 6.7.2023 (Annexure-7) filed in Civil Misc. Case No.258/2023, under Order 39 Rule 2-A of C.P.C. (Royal Convent School Shiksha Samiti v. Vijay Saraswat) on the next date fixed or within time as stipulated by this Hon'ble Court to secure the ends of justice:
(b) Issue an appropriate order or direction as this Hon'ble Court may deem fit and proper under circumstances of the case.
(c) Award the cost of the petition to the petitioner."
3. Learned Counsel for the petitioner has submitted that Division Bench of this Court in identical circumstances passed an order whereby this Court is directed to dispose of the application under Order 39 Rule 2-A of C.P.C. within a period of one week.
4. Be that as it may, this Court in the case of Matters under Article 227 No.500 of 2014 relying upon the Division Bench judgment of this Court in 2010 (1) ADJ 531 (DB) Km. Shobha Bose Vs. Judge Small Causes Court has observed that delay in disposal of cases is a systematic delay is reproduced as under:
"Heard learned counsel for the petitioner.
Petitioner has filed this petition for a direction commanding the IInd Additional Civil Judge (J.D.), Kanpur to decide original suit No. 407 of 2000, (Ram Lal and others Vs. Beche Lal Mishra) within a stipulated period of time.
It is well accepted that all litigation is to be brought to an end expeditiously but it is equally well known that the delay in the disposal of suits/proceedings are caused primarily on account of adjournments by the parties/their counsel, strike by the lawyers and due to heavy pendency of cases in all courts.
The delay in disposal of the present suit is not attributed to any deliberate action or omission on part of the Presiding Officer.
A Division Bench of this Court in 2010 (1) ADJ 531 (DB) Km. Shobha Bose Vs. Judge Small Causes Court has observed that delay in disposal of cases is a systematic delay. The direction for speedy disposal should only be given where the court is satisfied that the court below is purposely avoiding to dispose of the suit or proceedings for any oblique motive. The party should ordinarily relegated to the court seized of the matter to take appropriate steps for speedy disposal of the suit/proceedings depending upon the pendency of other cases and other relevant factors.
It is thus, in the fitness of things that the petitioner may approach the court concern for speedy disposal of the suit and since the the suit is of the year 2000, it is expected that the court will act upon it and try to dispose of the suit expeditiously by curtailing all unnecessary adjournments and fixing short dates in quick succession.
Petition is disposed of with the above observation."
5. The suit has been instituted on 06.07.2023, merely three months have passed since the date of institution of suit and the petitioner approached this Court for the aforesaid relief.
6. This Court is not aware about the pendency of the old cases pending before the concerned Court which warrants urgent hearing.
7. Since the petitioner has failed to make out a case for urgent hearing out of turn, therefore, this Court is not inclined to grant the prayer sought by the petitioner at this stage.
8. For the reasons give above, the writ petition lacks merit and is, accordingly, dismissed without any order as to costs.
Order Date :- 3.10.2023
A.N. Mishra
