JUGAL KISHORE SHARMA Vs. GULZARI LALL SHARMA

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India has been filed for early disposal of the Money Suit No. 02 of 2008 (Shri G. L. Sharma v. Shri J. K. Sharma and Another) and Other Suit No. 83 of 2009 (Shri J.K. Sharma and Others v. G.L.Sharma and Others) pending in the Court of learned Civil Judge, Senior Division, Port Blair.

(2.) ON perusal of the prayer portion of the revisional application, it appears that the petitioners plaintiffs of Other Suit No. 83 of 2009 have prayed inter alia for issuance of a direction upon the learned Civil Judge Senior Division, Andaman at Port Blair to dispose of both the suits namely Money Suit No. 02/2008 filed by the plaintiff opposite party No. 1 as also other suit No. 83 of 2009 filed by them within a period of six months hearing the same analogously or fixing same day without allowing any adjournment to any of the parties. The prayer appears to be innocuous.

(3.) SUCH submission is, however, strongly disputed on behalf of the opposite parties on the ground that the suits in question should not be given priority over all other pending suits for its expeditious disposal before the learned Court below. According to him, if the learned trial Judge is directed to take up the hearing of the suit on day-to-day basis ignoring his daily business schedule, it would seriously disturb the schedule already fixed by the learned trial Court. In this context, he has referred to an unreported judgment of the Single Bench of this Court delivered in CR.No. 018 of 2010 in support of his contention.