Kalyan Kumar v. Virmani Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.36 of 2023 ====================================================== 1.

Kalyan Kumar, Son of Late Kailash Singh, Resident of Village- Andari, P.O.- Jatia, P.S.- Gaurichak, District- Patna. 2.

Vijay Kumar Singh, Son of Late Kailash Singh, Resident of Village- Andari, P.O.- Jatia, P.S.- Gaurichak, District- Patna. 3.

Sanjay Kumar Singh Son of Late Kailash Singh, Resident of VillageAndari, P.O.- Jatia, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

1.

Virmani Singh, Son of late Chamru Singh, Resident of Village- Andari, P.O.- Jatia, P.S.- Gaurichak, District- Patna.

2.

Rajmani Singh, Son of late Chamru Singh, Resident of Village- Andari, P.O.- Jatia, P.S.- Gaurichak, District- Patna. 3.

Deepaj Singh @ Mukesh Singh, Son of late Chamru Singh, Resident of Village- Andari, P.O.- Jatia, P.S.- Gaurichak, District- Patna. 4.

Rajesh Ranjan Son of late Chamru Singh, Resident of Village- Andari, P.O.- Jatia, P.S.- Gaurichak, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Agarwal. Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that the injunction petition dated 24.03.2022 under Order 39 Rule 1 and 2 of CPC in Title Suit No.167 of 2021 is pending in the Court of learned Sub-Judge IV, Patna City which is required to be decided on urgent basis but there is no progress in the same and it is in the interest of justice that the said injunction petition be decided expeditiously. He has submitted to dispose of this case

Patna High Court C.Misc. No.36 of 2023(2) dt.25-02-2023 2/2 by giving the observation/direction in this regard to the learned Trial Court in the interest of justice.

Learned counsel for the petitioners further submits that the defendants have already filed written statements in the said suit which has been accepted by the learned Trial Court. In view of the submission of learned counsel for the petitioners, this case is disposed of with the direction to the learned Court below to expedite the disposal of the aforesaid pending application filed by the plaintiffs under Order 39 Rule 1 and 2 expeditiously as far as possible and preferably to dispose of the same within four months from receipt/production of this order.

(Sunil Dutta Mishra, J) kamlesh/- U