Mool Chandra Sharma vs Additional Civil Judge, Ghaziabad and others

Krishna Murari, J.—Heard learned Counsel for the petitioner. The only relief claimed in this petition is a mandamus to command the Additional Civil Judge (Senior Division), Ghaziabad to expedite the disposal of the Suit No. 1111 of 2003.

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 totally failure on the part of the said Court to undertake the proceeding.

A perusal of the order sheet filed along with the writ petition goes to show that suit proceedings are being undertaken by the Court below in accordance with the procedure prescribed by the Code. Further no good grounds have been made out by the petitioner to direct the expeditious disposal of the suit over and above other cases which may be pending before the Court concerned since much before.

In view of above, the relief prayed for is not liable to be allowed. The writ petition, accordingly, fails and stands dismissed.