Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 582 of 2016
Petitioner :- Siddhant Agarwal Respondent :- Principal Judge Family Court & Another Counsel for Petitioner :- Ramesh Kumar Pandey
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
The applicant has approached this Court to expedite the Misc. Case No. 49 of 2015 (Siddhant Agarwal Versus Rakesh Bansal) under Section 25 of Guardian and Wards Act, pending before the Principal Judge, Family Court, Ghaziabad.
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."
In view of the decision in the case of Km.Shobha Bose versus Judge Small Causes Court 2010(1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, the petition stands disposed of directing the court concerned to expedite the aforesaid case and conclude the same, at the earliest possible, without granting any unnecessary adjournment to either of the parties, by fixing short dates.
Order Date :- 3.2.2016 kkm
Neutral Citation No. - 2016:AHC:20805
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