IN THE HIGH COURT OF JHARKHAND AT RANCHI
Civil Review No. 109 of 2008.
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Kiran Kumari ... ... ... ... ... ... Petitioner
Versus
Sharvan Jha and another ... ... ... ... ... Respondents.
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CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA
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For the Appellant: Mrs. Vandana Singh, Advocate.
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6. 14.5.2009
. This civil review application has been filed for reviewing the order
dated 16.10.2008 passed in W.P. (C) No. 4936 of 2008 which reads as
follow:
” The only prayer of the petitioner is that the learned court below
may be directed to continue the hearing day to day, which is fixed on
10.12.2008.
In view of the earlier order dated 19.4.2008 passed in W.P. (C) No.
1600 of 2008 (Annexure 3), the trial court is directed to hear the suit on
day to day basis on and from the next date i.e. 10.12.2008.
With these directions, this writ petition is disposed of.”
When I asked Mrs. Vandana Singh as to what are the grounds for
review, she said that the hearing of the suit is not going on day to day
basis as ordered by this Court. She further submitted that right from the
beginning, the petitioner made it clear that she was not ready for
compromise, and she wanted decision on merit, but the matter was
deferred on this ground many times. She further submitted that the
petitioner has got no grievance against the court concerned and her only
prayer is that without giving unnecessary adjournment, the case should
proceed on day to day basis and be concluded at an early date as the
matter is pending for the last four years.
A report was called for from the court concerned. The Principal
Judge, Family Court, Bokaro has sent his report dated 1st May, 2009
indicating the reasons for the delay. It is further said in the report that if
the parties cooperate, the trial may be concluded within six to nine
months.
In my opinion, if the petitioner is not ready for compromise, the
case is to be decided on merits.
2.
Accordingly, this civil review application is disposed of with a
direction to the Principal Judge, Family Court, Bokaro to continue the
hearing day to day and decide the case as early as possible and preferably
within three months from the date of receipt/production of a copy of this
order, without granting unnecessary adjournment to any of the parties.
The parties are also directed to cooperate in early disposal of the suit.
(R. K. Merathia, J)
AKS.Cp.2.