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2023 Supreme(Mad) 208

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Mr. Prathap D. Nair - Petitioner
Versus
Mrs. Shara - Respondent
C.R.P.No.59 of 2023
Decided On : 11-01-2023

Advocates Appeared:
For the Petitioner: Mrs. A.L. Ganthimathi.

Headnote:

Constitution of India, 1949 – Article 227 – Power of superintendence over all courts by the High Court – Civil Miscellaneous Petition has been instituted to issue a direction to expeditiously dispose of pending on file of Court of Sub Ordinate Judge, Alandaur by hearing matter on a day to day basis and within a fixed time frame – Held, Court of Law is waiting for justice must be done in a consistent manner and without discriminating litigants issuing directions indiscriminately for speedy disposal of cases by District Judiciary would do no service to the cause of justice – Court cannot issue such directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions – 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 – Civil Revision Petition stands disposed of.

ORDER :

[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue a direction to expeditiously dispose of HMOP No.2053 of 2021 pending on the file of the Court of Sub Ordinate Judge, Alandur by hearing the matter on a day to day basis and within a fixed time frame.]

1. The Civil Miscellaneous Petition has been instituted to issue a direction to expeditiously dispose of HMOP No.2053 of 2021 pending on the file of the Court of Sub Ordinate Judge, Alandaur by hearing the matter on a day to day basis and within a fixed time frame.

2. The revision petitioner/husband instituted proceedings for Dissolution of Marriage in HMOP No.2053 of 2021 on the file of the Subordinate Court, Alandur.

3. The grievances of the revision petitioner is that the cases are being adjourned periodically without any valid reason and the long pendency of matrimonial dispute is causing prejudice to the interest of the revision petitioner.

4. The matrimonial disputes are to be disposed of as expeditiously as possible. Even as per Statute, Courts are expected to be conscious, while dealing with the matrimonial disputes, since either of the parties may not be in a position to take a decision regarding their future life. Thus, the Court concerned dealing with the matrimonial dispute is bound to consider the case as expeditiously as possible and dispose of the same.

5. 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.

6. 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. If any party seeks adjournment on flimsy grounds or attempts 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.

7. The High Court cannot issue directions to the District Judiciary for speedy disposal of cases in a routine manner. Issuing frequent directions 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 issued, would further cause unnecessary pressure on the District Judiciary. In many such cases, directions are issued, wherein the District Judiciary has come out with 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.

8. 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, and adopting all such tactics for the purpose of prolonging the case, 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 unnecessar

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