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2023 Supreme(Mad) 84

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Minor T. Mohamed Sulook Rep. by Mother M. Sayed Fathima Sulthana – Petitioner
Versus
M/s. Tex World Jawli Wholesale – Respondent
C.R.P. No. 4311 of 2022
Decided On : 02-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: V.P. Sengottuvel.

Headnote:

Constitution of India, 1950 – Article 227 – Civil Procedure Code, 1908 – Order 39 Rule 1, 2 – Interim injunction – Civil Revision Petition has been instituted to direct Principal District, Erode to take up I.A. filed under Order 39 Rule 1 and 2 of C.P.C. for final hearing and dispose same on merits and in accordance with law –Held, Practice of giving preference to any litigation without any justification at all circumstances to be avoided – Every litigant approaching Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating litigants – Therefore issuing directions indiscriminately for speedy disposal of cases by District Judiciary would do no service to cause of justice – Court concerned is expected to regulate its own procedures in respect of cases on Board for effective disposal and to ensure that cases are disposed of within a reasonable period of time – However, High Court cannot issue such directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions – Every urgency cannot be considered for issuing a direction for speedy disposal, urgency, which is imminent to be considered – Petition dismissed.

ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Principal District Munsif, Erode to take up the I.A. No. 1 of 2021 in O.S. No. 40 of 2021 filed under Order 39 Rule 1 and 2 of C.P.C. for final hearing and dispose the same on merits and in accordance with law.

1. The present Civil Revision Petition has been instituted to direct the Principal District Munsif, Erode to take up the I.A. No. 1 of 2021 in O.S. No. 40 of 2021 filed under Order 39 Rule 1 and 2 of C.P.C. for final hearing and dispose the same on merits and in accordance with law.

2. The revision petitioners are the plaintiffs, instituted a Suit in O.S. No. 40 of 2021 on the file of the District Munsif, Erode for Permanent Injunction. During the pendency of the suit, the revision petitioners filed Interlocutory Application in I.A. No. 1 of 2021 for interim injunction. Since the trial Court has not disposed of the Interlocutory Application filed in I.A. No. 1 of 2021, the revision petitioners have chosen to file the present Civil Revision Petition, seeking direction to direct the District Munsif, Erode to dispose of the Interlocutory Application in I.A. No. 1 of 2021.

3. Unnecessary adjournments on flimsy grounds would cause prejudice to the parties to the litigation. Rule is to conduct the case on the date it is posted for hearing. Adjournment is an exception. Thus, adjournments are to be granted only on genuine grounds and even in such circumstances, on commencement of trial long adjournments are to be avoided. The reason is to be recorded by the Courts, if it is genuine.

4. Long pendency of litigations causing untold mental agony to the litigants are to be considered by the Courts concerned, while granting adjournments in a routine manner. Any party seeking adjournment on flimsy grounds or attempting to prolong and protract the case, then heavy cost is to be awarded, which is to be paid to the other party, who is ready to conduct the case. If such adjournments are frequently sought for, then exemplary or maximum costs are to be awarded by the Court concerned. The endeavour of the Court is to ensure that the cases are disposed of as expeditiously as possible by avoiding unnecessary adjournments.

5. The High Court cannot issue directions to the District Judiciary for speedy disposal of cases in a routine manner. Frequent directions if issued, the same cannot be a practical solution. The trust on the District Judiciary due to overburdening of litigation on Board is to be taken into consideration by the High Court. The routine directions for speedy disposal, if it is issued, it would further cause unnecessary pressure on the District Judiciary. In many such cases, wherein directions are issued, the District Judiciary has come out with an administrative letter, seeking extension of time again and again and thus, the purpose for which such directions were issued by the High Court became defeated.

6. The longevity of the litigations are occurring at the instance of the parties on many occasions. The legal brains are adopting tactical approach to prolong and protract the cases for unjust gains and for Forum Shopping. Any party having an idea to achieve their goal in an indirect or illegal manner, then they are adopting all such tactics for the purpose of prolonging the case, which cannot be tolerated by the Courts. On some occasion, if any litigants feel that a particular Judicial Officer in the District Judiciary is inconvenient to them, they are seeking adjournments after adjournments or filing frivolous interlocutory applications through which they all are causing longevity to the litigation. Ill-motives of such litigants if allowed to succeed, then the same will result in miscarriage of justice and thus the Courts are expected to be cautious, while granting unnecessary adjournments on flimsy grounds. All such attempts should be thwarted by the Courts and the Court cannot aid such ill-motive of the parties. The

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