Jeevan Lall And ANR v. Rustum Ali And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** CO/38/2023 Jeevan Lall and another Vs.

Rustum Ali and another Mr. Rakesh Pal Gobind ... for the petitioners September 25, 2023 [SR] Item No.9 The Title Suit instituted as far as back in the year 2014 is yet to be disposed of by the Trial Court. The entire certified copy of the orders passed in the said suit is annexed in the instant revisional application.

It is a matter of great concern that several deferment of the case can be visualized from the orders passed by the Court solely on the ground that the report having not filed by the mediator.

The moment the court sent the matter to the mediator, it is expected that the party may explore the possibility of settlement of disputes amicably which cannot be used as a tool for adjourning the matter in anticipation of such report. The court must indicate a time line within which the mediation process should be completed at the time of sending the parties to mediation. The judicial litigation cannot wait eternally as the matter is sent to the mediation for the simple reason that the such process would augment the pendency and has a resultant effect on explosion in the docket system.

I do not appreciate the manner in which the court adjourns the matter on several occasions solely on the ground that the mediator has not submitted the report. However the endeavour must be such to direct the mediator to submit the report in the event this Court finds on the next date that the mediator has not submitted the report.

The concept underline the adoptation of the mediation process gets frustrated the manner in which the Court has exposed in delaying the disposal of the matter. Be that as it may, ultimately the mediator has submitted the report and the matter is fixed for hearing. It is informed by the counsel for the petitioner that learned Civil Judge (Senior Division), Port Blair who has recently joined the post has not been conferred with the power to deal with the civil cases. Obviously such power by way of a notification is required to be issued by the Administration who cannot show apathetic attitude as non-conferment would augment not only in delay of the disposal of the case but denies the immediate reliefs if the circumstances so warrant to be granted in an emergent situation.

The direction is passed upon the concerned Administration to take immediate steps in conferment of civil powers upon the said Civil Judge (Senior Division) at Port Blair, which should not exceed beyond three days from the date of communication of this order.

The learned counsel, who usually appears for the Administration, as we noticed in several cases, is directed to communicate this order to the concerned department for immediate compliance. On conferment of the power, as indicate above, the learned Civil Judge Senior Division Port Blair is requested to expedite the hearing of the said Title Suit and make an endeavour to bring it to its logical conclusion within six weeks therefrom, after affording an opportunity of hearing to the respective parties or their respective counsel, in accordance with law.

With the above observations and directions, the Civil Revisional application is thus disposed of.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.

( Harish Tandon, J. )