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2014 DIGILAW 540 (ALL)

Asad Lari v. Civil Judge (Sr. Div. )

2014-02-14

PANKAJ MITHAL

body2014
JUDGMENT Pankaj Mithal,J.: - Heard learned counsel for the petitioner. 2. Petitioner has filed this petition for a direction commanding the Civil Judge, (S.D.), Court No.18, Gorakhpur to decide Original Suit No. 420 of 2000, (Mohd. Akmal Lari (deceased) and others Vs. Smt. Farhat Jahan & others) within a stipulated period of time. 3. 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. 4. The delay in disposal of the present suit is not attributed to any deliberate action or omission on part of the Presiding Officer. 5. 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. 6. It is thus, in the fitness of things that the petitioners 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 most expeditiously by curtailing all unnecessary adjournments and fixing short dates in quick succession. 7. Petition is disposed of with the above observation.