Kumar vs Surendra Kumar Mishra" Filed In ...
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Uttarakhand High Court

Kumar vs Surendra Kumar Mishra" Filed In ... on 8 April, 2024

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

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      Date   or    directions                      COURT'S OR JUDGES'S ORDERS
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                                WPMS No. 888 of 2024
                                Hon'ble Vivek Bharti Sharma, J.

Mr. Himanshu Pal, counsel for the petitioner through Video Conferencing.

2. Mr. Pankaj Joshi, A.G.A. for the State.

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

"(i) Issue a suitable writ, order or direction to expedite the proceeding of Execution Case No. 05 of 2023 "Rajendra Kumar Vs. Surendra Kumar Mishra" filed in Original Suit No. 82 of 2014 pending before the court of Civil Judge(Jr. Division) Haridwar which is pending since 2023 as expeditiously as possible, or within the time stipulated by this Hon'ble Court."

4. Counsel for the petitioner/landlord would submit that the petitioner has filed Original Suit No. 82 of 2014 against the respondent/tenant for eviction on the grounds of bonafide requirement, however, the said suit was dismissed by the court of Civil Jude (Junior Division), Haridwar vide judgment and order dated 02.02.2021; that, feeling aggrieved, the petitioner/landlord preferred a Civil Appeal No. 06 of 2021 before 3rd Additional District Judge, Haridwar, which was allowed vide judgment and order dated 06.10.2022.

He would further submit that the respondent/tenant did not evict the premises in question, therefore, the petitioner/landlord has filed Execution Case No. 05 of 2023, which was admitted by the trial court vide order dated 23.03.2023; that, during pendency of the said execution case, the respondent/tenant has preferred CLR No. 164 of 2023 before this Court to assail the order dated 06.10.2022, which is still pending; that, the said revision has been filed by the respondent/tenant only to prolong the matter and avoid the proceedings of execution case.

He would further submit that the execution case is not decided yet despite several dates were fixed and because of this reason, the petitioner/landlord is facing hardship and legal injury without any fault on his part; therefore, it is the grievance of the petitioner that court concerned should decide the execution case expeditiously; that, early disposal of the case is fundamental right of a litigant.

5. Heard learned counsel for the parties and perused the record.

6. 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.

7. 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."

8. 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"

9. 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.

10. 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.) 08.04.2024 Mamta