REKHA BORANA
Yatendra Kumar Sharma – Appellant
Versus
Swati Sharma – Respondent
ORDER
The present writ petition has been preferred with a limited prayer that a direction be issued to the learned Additional District Judge, Begun Camp Court, District Chittorgarh to decide the divorce petition as preferred by the petitioner, expeditiously or within a time bound period of six months.
2. In the opinion of this Court, in absence of any statistics regarding the institution, pending and disposal of the cases before the concerned Court, no sweeping direction can be passed to decide a particular case on priority. Passing such order, in the opinion of this Court, would interfere with the cause list of the concerned Court and the corresponding priorities of the other pending matters.
3. As observed by the Division Bench of the Allahabad High Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB), it would be most inappropriate of the Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the Court in a separate and preferential category whereas other cases which may be of similar or great antiquity and
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.
Expeditious disposal of civil suits requires extraordinary urgency; routine requests cannot be prioritized without justifiable cause.
The High Court should refrain from issuing time-bound schedules for lower courts unless exceptional circumstances exist.
The court cannot direct subordinate courts to expedite civil suits, emphasizing judicial discretion in determining urgency.
Courts should prioritize seniority and fairness in civil proceedings, limiting out-of-turn requests unless extraordinary circumstances are established.
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