- (1.) By means of this writ petition the petitioners confine their prayer only to the extent that Civil Appeal No. 14 of 2004 (Bikram Singh Mahar and others Vs. State of U.P. & others) pending before the Additional District Judge, Court No.6, Bijnor arises out of Suit No. 836 of 1962 (after remand registered as Suit No. A-73 of 1999) (Bikram Singh Mahar Vs.Forest Settlement Officer, Bijnor) under Sections 4 & 6 of the Indian Forest Act, be considered and decided expeditiously.
(2.) The appeal is of the year 2004. In the absence of necessary pleadings, this Court is not aware of the pendency of other old cases before the court concerned who is in seize of the present matter. Any direction for the early disposal of this appeal would in fact amount to giving priority to the above appeal over and above other cases which may be pending before the court concerned since before institution of the suit in question.
(3.) Reference may be made on a Division Bench of this Court in Km. Shobha Bose Vs. Judge Small Causes and others,2010 1 ADJ 531 (DB) wherein it has been held as under: "We are of the opinion that power to direct expeditious disposal of suit or for that matter any lis which, in sum and substance, means out of turn disposal is to be exercised sparingly in extraordinary circumstances and not in a routine manner. It is fit to be exercised only when the Court comes to the conclusion that delay would cause gross injustice. However, while deciding this issue, the Court would bear in mind that it does not cause injustice to other litigants, who are waiting for justice from before because the very nature of order delays cases filed earlier. It causes resentment and dissatisfaction to those who are waiting for justice from before. It should be exercised only when it comes to the notice of this Court that Judge in seisin of the case is purposely avoiding to dispose of the suit for any oblique motive, which may defeat the justice. An order for expeditious disposal in a routine manner can not be countenanced.";