Patna High CourtC.Misc./1885/2017disposed

Radheshwar Prasad Pandey v. Awadh Kishor Singh

2025-07-11Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1885 of 2017 ====================================================== Radheshwar Prasad Pandey S/o Late Narshingh Prasad Pandey Resident of Village-Kishunpura, Pragna Varai, P.S. Vasantpur Do. Kishunpura, DistrictSiwan at Prasent Village-Lakari Nabiganj, District-Siwan ... ... Petitioner/s

Versus

Awadh Kishor Singh S/o Radhunath Singh, Resident of Village-Rampur, Pragna-Barai, P.S. Vasantpur Do, Vasantpur District-Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner.

2. The present petitioner is filed for issuance of directions to the learned Executing Court to expedite the disposal of Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986 pending before the learned Second Munsif, Siwan. Learned counsel for the petitioner submits that so far as the instruction received by him, the execution case is still pending.

3. Perused the record.

4. It is very unfortunate that the execution case filed in the year 1999 has been kept pending for almost 26 years and it reflects very poorly on the working of the Court concerned. In any case, the petitioner has approached this Court for expediting the disposal of Execution Case No. 01 of 1999, I do not find any

Patna High Court C.Misc. No.1885 of 2017(3) dt.11-07-2025 2/2 need to issue notice to the other side and notice on the respondents is dispensed with.

5. The learned Second Munsif, Siwan/court concerned where the Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986 is pending, is directed to proceed in the matter showing urgency and make every effort to dispose of the execution case considering its antiquity and in the light of guidelines issued by the Hon'ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and ors. reported in (2021) 6 SCC 418.

6. The learned executing court would after disposing of the execution case, send a report to this Court.

7. With the aforesaid directions, the present petition is disposed of.

(Arun Kumar Jha, J) Anuradha/- U