Unknown vs Madan Lal In O.S
2024 Latest Caselaw 620 UK

Uttarakhand High Court

Unknown vs Madan Lal In O.S on 5 April, 2024

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

             Office    Notes,
             reports, orders
             or proceedings
SL.
      Date   or    directions                    COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
             order       with
             Signatures
                                WPMS No. 870 of 2024
                                Hon'ble Vivek Bharti Sharma, J.

Mr. Nishant Krishna Adhikari, counsel for the petitioner.

2. By means of this writ petition, petitioner seeks the following relief:-

"(i) a suitable order or direction, directing the learned Second Additional Civil Judge (S.D.), Dehradun to expedite the proceedings of Execution Case No. 8 of 2022 Ajay Kuamr Vs. Madan Lal in O.S. No. 122 of 1976 Shri Chedi Ram and another Vs. Shri Brijkishore and others, pending before the court of learned Second Additional Civil Judge (S.D.), Dehradun and decide the same within a period of as stipulated by this Hon'ble Court."

3. Learned counsel for the petitioner/plaintiff would submit that the petitioner has filed O.S. No. 122 of 1976 seeking relief of possession of property in question; that, the trial court vide judgment and order dated 29.05.2012 directed the respondent/defendant to vacate the suit property and handover the possession of the same to the petitioner/plaintiff; that, feeling aggrieved by the said order, the respondent/defendant has filed a Review Petition No. 13 of 2012, which was also dismissed by the revisional court vide order dated 20.08.2019.

He would further submit that the petitioner filed an Execution Case No. 8 of 2022; that, the respondent/defendant has filed objections in the said case, which was registered as Misc. Case No. 93 of 2022; thereafter, several dates were fixed, but, the case is pending since long, therefore, it is the grievance of the petitioner that court concerned shall decide the case expeditiously.

4. This Court cannot be oblivious of the fact that there is huge pendency and backlog of cases in civil courts and any direction for expeditious disposal will further overburden the court below. By issuing direction for expeditious disposal, one case cannot be prioritized over others.

5. Hon'ble Supreme Court in re "M. Gopalakrishnan and others vs. Pasumpon Muthuramalingam and another (2022) SCC Online SC 1968" has observed as follows:-

"..... ordinarily, before passing any such order for expeditious proceedings in a particular case (which might appear to be rather of innocuous nature), it would be appropriate for the higher Court to appreciate that any such order for one case, without cogent and extremely compelling reasons, might upset the calendar and schedule of the subordinate Court; might result in assigning an unwarranted priority to that particular case over and above other cases pending in that Court; and progression of such other cases might suffer for no reason and none of the faults of the litigants involved therein."

7. Recently also, a Constitution Bench of Hon'ble Supreme Court in re "High Court Bar Association, Allahabad vs. State of U.P. & Ors. in Criminal Appeal No.3589 of 2023 with Special Leave Petition (Crl.) nos.13284-13289 of 2023 and Criminal Appeal", has observed that "Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritizing the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending".

8. In the light of aforesaid, this Court refrain itself from issuing any direction to the court concerned for expeditious disposal of the suit. Accordingly, writ petition stands dismissed in limine.

9. However, it goes without saying that it is the bounden duty of the civil court to make every possible endeavour to decide the proceedings at the earliest without any undue delay.

(Vivek Bharti Sharma, J.) 05.04.2024 Mamta