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2023 Supreme(Mad) 25

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, J.
Kannammal & Ors. - Appellant
Vs.
K.N.Govindarajulu & Ors. - Respondent
C.R.P.No.4300 of 2022
Decided On : 02-01-2023

Advocates:
Advocate Appeared:
For the Petitioners: Mr.C.Deivasigamani

The court emphasized the importance of speedy disposal of cases, particularly those involving senior citizens, and highlighted the need for the court to regulate its own proceedings for efficient and fair disposal of cases. The court also stressed the significance of cooperation from litigants and lawyers, and the need to avoid unnecessary adjournments.

Headnote:

Speedy Disposal of Cases - Senior Citizens - The court emphasized the importance of speedy disposal of cases, particularly those involving senior citizens, and highlighted the need for the court to regulate its own proceedings for efficient and fair disposal of cases. The court also stressed the significance of cooperation from litigants and lawyers, and the need to avoid unnecessary adjournments. The principle of not discriminating litigants for disposal of their respective cases was also underscored.

Fact of the Case:

The revision petitioners filed a suit for partition in which some of the petitioners are senior citizens. They sought an early disposal of the case to ensure they could enjoy the properties during their lifetime.

Finding of the Court:

The court dismissed the Civil Revision Petition, emphasizing that the trial court is expected to regulate its own proceedings in the interest of justice, particularly in cases involving senior citizens. The court highlighted the importance of cooperation from litigants and lawyers, avoidance of unnecessary adjournments, and the need for systematic adherence to principles for the improvement of the justice delivery system.

Issues: The urgency of speedy disposal of cases, particularly those involving senior citizens, cooperation of litigants and lawyers, and the need to avoid unnecessary adjournments.

Ratio Decidendi: The court emphasized the importance of the trial court regulating its own proceedings for efficient and fair disposal of cases, particularly those involving senior citizens. The court stressed the significance of cooperation from litigants and lawyers, avoidance of unnecessary adjournments, and the need for systematic adherence to principles for the improvement of the justice delivery system.

Final Decision: The Civil Revision Petition stands dismissed with no costs.

ORDER :

The present Civil Revision Petition has been instituted to dispose of the suit in O.S.No.136 of 2022 on the file of the V Additional District Judge, Coimbatore at an early date.

2. The revision petitioners state that they filed a Suit in O.S.No.136 of 2022 against the respondents herein on the file of the V Additional District Judge, Coimbatore.

3. The grievance of the revision petitioners are that the suit is filed for partition and some of the revision petitioners are senior citizens. Unless this case is disposed of at an early date, the plaintiffs cannot enjoy the properties during their lifetime.

4. Speedy disposal of suits cannot be ordered by the High Court in a routine manner. Number of cases on Board on the file of the Court concerned is to be taken note of. Routine direction, if any issued, would not workout since the practical difficulties and the pressure of work in a particular Court, all to be considered before issuing any such direction. Issuing such a direction for speedy disposal of suit in a routine manner would do no service to the cause of justice, since the Judge concerned may not be in a position to dispose of all such suits within the time limit. The practical difficulties, co-operation of the litigants and lawyers to dispose of the cases are of paramount importance. In the event of non-implementation of a direction, the judicial officer again has to approach the High Court for extension of time, which will become an unnecessary administrative procedure and ultimately, the purpose, for which, such a direction was issued by the High Court also defeated. Thus, direction for speedy disposal of the case is to be considered only by making an assessment in respect of the number of cases on Board in a particular Court, urgency involved and other mitigating factors. Routine direction for speedy disposal is certainly not workable and therefore, this Court is of an opinion that the Court concerned has to regulate its own work in such a manner, so as to ensure that the cases are disposed of within a reasonable period of time. Classification of cases for speedy disposal may be done by the judicial officers concerned in their wisdom. The urgency involved in the cases and the senior citizen cases can be given some priority for disposal.

5. High Court, by way of issuing a direction for speedy disposal, cannot discriminate the litigants for disposal of their respective cases. In one case, such a direction is issued without ascertaining the genuine urgency and there are many other cases, which all are really urgent, are kept pending for long years. Thus, the High Court, at no circumstances, is expected to discriminate the litigants or lawyers, who all are appearing for cases. Equal opportunity is to be granted even for disposal of cases, since it is a right conferred. Thus, the Civil Revision Petitions, which all are filed in large number before the High Court for speedy disposal of the cases are to be approached with caution and to ensure that the District Judiciary has not been unnecessarily pressurized by the High Court and in such circumstances, they may not be in a position to perform their duties freely and fairly.

6. In the present case, the learned counsel for the Revision Petitioners state that some of the Revision Petitioners are Senior citizens and the Court concerned has to assess how many number of cases filed by the Senior Citizens are pending. Taking note of all those statistics, the Court concerned is at liberty to regulate its own proceedings for speedy disposal and by avoiding unnecessary adjournments.

7. There are large scale allegations amongst the lawyers themselves that the opposite side lawyers are not co-operating for speedy disposal and they are going on getting adjournments on flimsy grounds. Thus, co-operation of the litigants and lawyers are also of important for the purpose of speedy disposal of cases. On the one hand, one lawyer is coming and complaining that the other lawyer is not co-opera

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