Allahabad High Court
Lokendra Singh vs Addl. District And Session Judge Court ... on 2 August, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 42791 of 2010 Petitioner :- Lokendra Singh Respondent :- Addl. District And Session Judge Court No. 6 , Mathura Petitioner Counsel :- Prabhat Kumar Srivastava Respondent Counsel :- S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
The only relief claimed in this petition is a mandamus to command the respondent no.1 to decide the Civil Appeal No. 64 of 2008 within specific period fixed by the court.
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 the case in hand, appeal has been filed in the year 2008 and there is no material on record to show that the court has not proceeded in accordance wtih the procedure prescribed in law nor any such reason has been spelt out which may warrant expeditious disposal of the appeal filed by the petitioner 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.
Order Date :- 2.8.2010 pks