O.P.GARG, M.KATJU
SIDDHARTHA KUMAR – Appellant
Versus
UPPER CIVIL JUDGE, SENIOR DIVISION. , GHAZIPUR – Respondent
O. P. GARG, J.
( 1 ) MORE often than not, this Court is faced with the petitions under Art. 226 of the Constitution of India in which an unpalatable, irritating and perturbing prayer is made that the subordinate Courts be commanded by means of writ of mandamus to proceed with, conclude and decide the long pending suits, appeals, revisions or other civil proceedings, including execution applications etc. , expeditiously or/and within the time to be phased by this Court. As exemplars, the following four writ petitions have been culled out to highlight the malady about the laws delays. 1. Civil Misc. Writ No. 25505 of 1997 : The petitioners filed Suit No. 204 of 1958 for the relief of permanent injunction which was decided in terms of compromise on 8-2-1960. The judgement debtor-defendants who are the respondents in the writ petition violated the terms of the compromise. The petitioner-decree holders had to file another suit No. 69 of 1969 which was decreed on 20-7-1971. The appeal preferred by the judgement debtor-respondents was dismissed on 13-12-1971. The defendant-judgement debtors continued to flout the decree. Consequently, the plaintiff-petitioners filed an application under O
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