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TUSHAR RAO GEDELA
Bishamber Singh – Appellant
Versus
Sanjay Bhardwaj – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 30374/2023 (EXEMP.)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 952/2023
3. The petitioner/defendant seeks a direction that the learned Trial Court dispose of the suit expeditiously.
4. Ms. Rambha Singh, learned counsel for the petitioner/derfendant submits that though the suit is listed for recording of evidence of PW1, however, the respondent/plaintiff for one reason or the other has been filed frivolous application which is delaying the disposal of the suit itself.
5. Ms.Rambha Singh, seeks simple direction that the learned Trial Court dispose of the suit expeditiously.
6. Learned counsel for the petitioner/defendant also submits that the suit is pending for the last 13 years and was filed in the year 2010 and till date, only part cross-examination of PW1 has taken place. She further submits that the petitioner/defendant has always been ready to cross-examine the witnesses of the respondent/plaintiff including PW1. However, on one pretext or the other, the respondent/plaintiff is delaying the disposal.
7. Since the petitioner is only
Courts may direct the expeditious disposal of suits that have been pending for a long time, especially when one party is engaging in delaying tactics.
The Court emphasized the need for expeditious disposal of applications under Order XXXVII Rule 3 (5) CPC to prevent prejudicial effects on the petitioner.
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
The main legal principle established is the Court's authority to direct expedited proceedings in a suit and ensure timely disposal.
The court emphasized the need for expeditious proceedings and directed timely resolution of interlocutory applications in a pending suit.
The court established that expediting one case without compelling reasons can disrupt judicial efficiency and is not warranted.
Authorities are mandated to timely address pending requests from petitioners, ensuring fairness in the decision-making process.
Courts may dismiss petitions due to lackadaisical conduct and unsubstantiated reasons for delay in filing evidence.
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