Court No. - 18

Case :- MATTERS UNDER ARTICLE 227 No. - 5244 of

2018

Petitioner :- Dhirendra Singh

Respondent :- Special Judge S.C./ S.T. Act.

Allahabad And 2 Others

Counsel for Petitioner :- Sarvodaya Singh

Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner.

In view of the order, which is proposed to be

passed, notices need not go to the private

respondent.

The petitioner has approached this Court with the

request to ask the court concerned i.e. Special

Judge, S.C./S.T. Act, Allahabad to decide the

Execution Case no.16/2015 (Dhirendra Singh vs.

Dinesh Singh and others) expeditiously.

It is averred in the writ petition that an

accident took place on 01.02.2009 at about 3 pm at

G.T. Road near village Abusa Moda within the

jurisdiction of P.S. Sarsi Inayat, District

Allahabad, in which the petitioner's wife namely

Savitri Singh got injured due to negligent and

rash driving by the driver of the vehicle Maruti

Van no.U.P.32R1037 and during the treatment she

succumbed to injuries. The petitioner filed claim

petition in the Court of Judge, Motor Accident

Claim Tribunal, Allahabad and the case was

registered as MACT no.441 of 2009 (Dhirendra

Singh vs. Dinesh Singh and others) and finally the

award was passed in favour of petitioner on

14.07.2015 allowing the claim petitioner and

directing the opposite party no.2 and 3 to make

payment of sum of Rs.44,21,538/- alongwith

interest @ 7.5 per month from the date of filing

of the claim petition till actual payment of above

payment and the Recovery Certificate has also been

issued by the Collector, Allahabad. Thereafter the

Execution Case no.16/2015 (Dhirendra Singh vs.

Dinesh Kumar Singh) has been preferred by the

petitioner and the same is still pending

consideration and as such, the petitioner is

before this Court with the aforementioned request.

The Hon'ble Supreme Court in M/s Shiv Cotex Versus

Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR

232, has made the following observations:-

".................It is high time that courts become sensitive to delays in justice

delivery system and realize that adjournments do dent the efficacy of

judicial process and if this menace is not controlled adequately, the litigant

public may lose faith in the system sooner than later. The Courts,

particularly Trial Courts, must ensure that on every date of hearing,

effective progress takes place in the suit."

Considering the above, this petition stands

disposed of with the direction upon the Court

concerned to expedite the proceeding of pending

Execution Case no.16/2015 (Dhirendra Singh vs.

Dinesh Singh and others) and conclude the same, in

accordance with law, as expeditiously as possible

and preferably within six months period from the

date of production of certified copy of this order

provided that there is no other impediment,

without granting unnecessary adjournment to either

of the parties, except upon payment of cost.

Order Date :- 31.7.2018

A. Pandey