- (1.) HEARD counsel for the parties and perused the record.
(2.) THE only prayer of the petitioners is that respondent no.1, Judge Small Causes Court, Bijnor may be directed to decide Execution Case No. 4 of 2009 in SCC Suit No. 42 of 1988, Smt. Azizan and others versus Abdul Majid and another expeditiosuly as early as possible within a stipulated time fixed by this Court. According to the petitioners, several dates have been fixed in the aforesaid execution case before the court below and the respondents are not taking interest to get the said decided and that they are trying to linger on the matter, hence the instant writ petition has been filed by the petitioners with the aforesaid prayer. If a party is frequently taking dates after dates to delay dispensation of justice there has to be a limit to such tactics adopted by a party. The Courts are not expected to be a party to such tactics by readily giving adjournments in cases just for the asking. The JSCC suits are required to be decided within six months as provided in the Small Causes Courts Act 1887 and within three months by the Prescribed Authority appointed under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972). Frequent dates should not be given. The Courts have a responsibility to decide the case within the time which has been fixed by the legislation in its wisdom and they have to strive to decide the cases in the time limit so fixed. If they do not do so, it sets a bad precedent opening the Pandora's box for public criticism. Delay erodes the faith of the public in justice of system, hence care should be taken in this regard by the Courts. This Court in Civil Misc. Writ Petition No. 31642 of 2007 Smt. Manju Devi Vs. Additional District Judge, VIII Allahabad and others has held that the cases pertaining to Rent Control matters be decided within six months time frame provided in various sections and rules under which applications are filed. Rule 15(3) of U.P. Urban Buildings ( Regulation Of Letting Rent & Eviction ) Rules, 1972 provides that release application may be decided within a period of two months from the date of its presentation.
(3.) IN this view of the matter, the observations made by this Court in the case of Manju Devi (supra) may also be kept in mind by the courts below. Without entering into the merits of the case and in view of the fact that Execution Case No. 4 of 2009 in SCC Suit No. 42 of 1988, Smt. Azizan and others versus Abdul Majid and another is pending before respondent no.1, Judge Small Causes Court, Bijnor, the writ petition is disposed of finally with a direction to respondent no.1 to decide the aforesaid Execution Case No. 4 of 2009 in SCC Suit No. 42 of 1988, Smt. Azizan and others versus Abdul Majid and another within a period of 3 months from the date of production of a certified copy of this order. No order as to costs.;