Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 316 of 2010 Petitioner :- Ram Shubh And Others Respondent :- Harish Chandra And Others
Petitioner Counsel :- Shiv Dayal Tiwari
Hon’ble Krishna Murari, J.
Heard Learned counsel for the petitioners.
The main relief claimed by the petitioners is a mandamus to
command the Civil Judge (Senior Division), Sant Kabir Nagar to
decide Suit No. 505 of 2002 expeditiously.
It is very well settled that every court is entitled to maintain its
diary, which is not to be lightly interfered with by the superior court.
Equally settled proposition is that normally no mandamus should
be issued directing the subordinate court to proceed in a particular
manner or in a time bound frame, unless it is demonstrated that
there is total failure on the part of the said court to undertake the
proceeding.
In view of above, the mandamus prayed for is not liable to be
allowed. The writ petition, accordingly, fails and stands dismissed.
26.07.2010
VKS/ WP 316/10