ROHIT RANJAN AGARWAL
Digvijay Singh – Appellant
Versus
Indu Singh – Respondent
JUDGMENT :
(Rohit Ranjan Agarwal, J.)
1. This writ petition has been filed with the following prayer:-
2. From the perusal of the record, it transpires that the petitioner has prayed for early disposal of Civil Suit No.1756 of 2023, pending before the court of Civil Judge (Junior Division), Hawali.
3. The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereasunder:-
The court cannot direct subordinate courts to expedite civil suits, emphasizing judicial discretion in determining urgency.
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 established that expediting one case without compelling reasons can disrupt judicial efficiency and is not warranted.
Court cannot entertain writ petition under Article 226 and/or under Article 227 of Constitution simply for the purpose of expediting hearing of a suit.
Courts must not prioritize individual cases without exceptional justification amidst pending cases, ensuring both efficiency and fairness in judicial proceedings.
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