Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 1185 (ALL)

Mohd. Tufail v. Principal Judge Family Court

2015-05-12

SUNEET KUMAR

body2015
JUDGMENT Suneet Kumar, J. Heard learned counsel for the plaintiff/petitioner. 2. The plaintiff/petitioner has approached this Court to expedite the Case No. 261 of 2013 (Mohd. Tufail vs. Nausheen Parveen) under Clause 281 of Mohammadan Law, for restitution of Conjugal Rights, District Chandauli pending before the Principal Judge, Family Court. 3. 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." 4. In view of the decision in the case of Km. Shobha Bose Vs. 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. 5. No ground has been made out by the learned counsel for the petitioner to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The petition is dismissed.