Andhra Pradesh High Court - Amravati
FCA/70/2023 on 20 September, 2024
1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: F.C.A.No.70 of 2023
PROCEEDING SHEET
Sl. DATE REMARKS
ORDER
No.
13. 12.09.2024 GN,J & KM,J
I.A.No.1 of 2024
This file is placed before us. A request has
emanated from the office of the Principal District
and Sessions Judge, Krishna District,
Machilipatnam, seeking extension of time to hear
and dispose of F.C.O.P.No.420 of 2022 on the
file of the IV Additional District Judge-cum-
Principal Family Court, Vijayawada.
The fact in brief is that the appeal came to
be preferred against the said judgment. This
Court after hearing, vide judgment, dated
14.12.2023, was pleased to set-aside the
Judgment And Decree of the Family Court and
further was pleased to remit the matter back for
hearing and rendering a compliance on a
particular point i.e., as to whether the consent
given was tainted by coercion or inducement etc.,
and a time limit of three (03) months was fixed to
dispose of the petition. The inference that can be
drawn is that the Court below was expected to
hear and dispose of the case on or before
14.03.2024.
Today we are in receipt of the letter, dated
23.07.2024, enclosing a copy of the letter, dated
20.07.2024 i.e., request for extension is made
after the day fixed by this Court has passed by,
and that too, after a delay of nearly four (04)
months by the date of which the Court below was
expected to dispose of the matter. There was
four (04) months delay by the Trial Court which
itself is a worrisome aspect and reflection of the
Courts attitude. We find that there has been a
further delay of more than a month and half by
the Registry to place the letter before this Court.
This delay by the Registry is even more
distressing to note. We are constrained to think
that the parties involved are not reflecting upon
the efficacy, primacy, standing of directions,
orders, and Judgments etc., issued by this Court.
Be it a Judicial Officer or a staff member of either
this Court or the District Judiciary, it shall be their
primary duty to ensure obedience and
compliance with the directions, orders and
judgments etc., that may emanate from this
Court, not mere obedience but timely obedience
and timely compliance are non-negotiable. The
indolence that we see in the present case is not a
happy or welcome development and needs to be
addressed with the severity, which it demands.
Hence, we direct the Registrar (Judicial) to
issue a show cause notice to all the concerned
staff, who were indolent and caused delay in
putting up the letter of the District Court for
consideration of this Court.
Secondly, we direct the Registrar General
to issue notice and secure explanation from the
concerned Judicial Officer/Officers to explain the
delay in seeking extension of time.
It is made clear that wherever this court
deems it fit to fix a date, it shall be the bounden
duty of every Authority or Court to ensure
compliance within the stipulated date. In the
event the Courts or Authorities are of the opinion
that it is not possible to ensure compliance within
the stipulated date, efforts shall be positively
made to approach this Court for extension of time
before the day fixed by this Court. Prima facie, it
appears as a case of disobedience of the
directions issued by this Court.
Hence, we direct the Registrar (Judicial)
and the Registrar General to issue notices and
secure explanation and place it before this Court
within a period of two (02) weeks. The time
stipulated by this Court is extended by a further
period of two (02) months from the date of receipt
of copy of this order.
Registry shall ensure that this order is
forthwith communicated to the concerned Court.
We further direct the Registrar General to issue
appropriate circular intimating all the State
Subordinate Judiciary and various Tribunals and
Authorities regarding compliance with the orders,
directions, issued by this Court and more
importantly, timely compliance and in the event of
their inability to meet the dead line fixed by this
Court, efforts shall be made to seek extension of
time before the passing of the dead line fixed by
this Court.
For reporting compliance, list the appeal
on 23.09.2024.
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GN, J
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KM, J
PKR
