Prabhavti Kumari @ Prabhavti Singh v. Navneet Kumar Singh @ Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.90 of 2024 ====================================================== 1.
Prabhavti Kumari @ Prabhavti Singh Wife of Purushottam Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. 2.
Purushottam Kumar Singh, Son of Late Nand Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. ... ... Petitioner/s
Versus
1.
Navneet Kumar Singh @ Dinesh Kumar Singh Son of Late Nand Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. At present Flat No. A, Sarojm Inclave, Yamuna, P.O.- Bariyatu, P.S. - Sadar Ranchi, Ranchi - 834009, Jharkhand.
2.
Mosmat Prabhawati Kuer, wife of Late Nand Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. At present Flat No. A, Sarojm Inclave, Yamuna, P.O.- Bariyatu, P.S. - Sadar Ranchi, Ranchi - 834009, Jharkhand.
3.
Aditya Singh @ Piyus Ranjan, Son of Purushottam Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. 4.
Pallav Ranjan @ Pinku, Son of Purushottam Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharendra Chaubey, Advocate Mr.Surender Prasad Singh, Advocate For the Respondent/s :
Mr. Amit Shrivastava, Sr. Advocate Mr.Kunal Tiwary, Advocate Mr. Girish Pandey, Advocate Mr. Gauhal Ali, Advocate Mr. Brajesh Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-04-2025 Heard learned counsel for the petitioners as well as learned senior counsel appearing on behalf of respondent nos. 1 and 2.
2. The petitioners are aggrieved by the order dated 09.11.2023 passed by learned Sub Judge-I, Bikramganj, Rohtas
Patna High Court C.Misc. No.90 of 2024(6) dt.18-04-2025 2/3 in Title Suit No. 201 of 2018, whereby and whereunder application filed by the petitioners for exhibiting the original Sale Deed No. 4161 and government rent receipts has been rejected.
3. At the outset, learned senior counsel appearing on behalf of respondent nos. 1 and 2 submits that though he has filed counter affidavit opposing the claim of the petitioners, having regard to the fact that only motive of the petitioners to delay the disposal of the matter, he concedes the prayer of the petitioners and withdraw the counter affidavit, on instructions from his client. He has no objection if the prayer of the petitioners is allowed straightway while fixing time frame for disposal of Title Suit No. 201 of 2018 since the matter was fixed for final argument when the application was filed by the petitioners for getting certain documents marked as exhibit. Learned senior counsel also pointed out that earlier in C.W.J.C. No. 6719 of 2020, a Co-ordinate Bench of this Court, vide order dated 21.06.2022 directed learned trial court not to entertain any kind of Miscellaneous Applications which will be filed for delaying the disposal of the Title Suit.
4. In the light of submission made on behalf of the respondents, who are plaintiff and defendant 3rd set befoe the
Patna High Court C.Misc. No.90 of 2024(6) dt.18-04-2025 3/3 learned trial court, the order dated 09.11.2023 is set aside and the application dated 09.11.2023 filed by the petitioners is allowed.
5. At the same time, learned trial court is directed to proceed with the matter showing urgency having regard to the orders of the learned Co-ordinate Bench vide order dated 21.06.2022 passed in C.W.J.C. No. 6719 of 2020 and proceed to dispose of Title Suit No. 201 of 2018 within next three months from the date of receipt/production of a copy of this order .
6. Accordingly, the present petition stands disposed of.
(Arun Kumar Jha, J) DKS/- U