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Patna High CourtC.Misc./854/2017disposed

Madhu Kumar Sinha v. Dinesh Prasad Sinha And ORS

2018-10-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.854 of 2017 ======================================================

1. Madhu Kumar Sinha, son of Late Krishna Kumar Sinha, resident of Diwan Mohalla, Pato ki Bagh, Patna City, P.S.- Khajekalan, District- Patna. .... .... Petitioner

Versus

1. Dinesh Prasad Sinha, Son of Suresh Prasad Sinha, resident of Diwan Mohalla, Pato ki Bagh, Patna City, P.S.- Khajekalan, District- Patna.

2. Naresh Prasad Sinha, Son of Suresh Prasad Sinha, resident of Diwan Mohalla, Pato ki Bagh, Patna City, P.S.- Khajekalan, District- Patna.

3. Shashi Bhushan Sinha, Son of Suresh Prasad Sinha, resident of Diwan Mohalla, Pato ki Bagh, Patna City, P.S.- Khajekalan, District- Patna.

4. Girish Prasad Sinha, Son of Suresh Prasad Sinha, resident of Diwan Mohalla, Pato ki Bagh, Patna City, P.S.- Khajekalan, District- Patna. .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Prabhu Nath Pathak For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner.

The petitioner filed this civil miscellaneous petition for a direction to the learned Sub-Judge-1, Patna City to decide and dispose of objection filed by the petitioner against the counter claim made by defendant nos.1, 3 and 4 in Title Suit No.95/2015. Learned counsel for the petitioner submits that the petitioner filed Title Suit No.95 of 2015 for declaration of title and recovery of possession of the suit land, which he inherited from his ancestor. The plaintiff filed objection petition against the counter claim of defendant nos. 1, 3 and 4 but since long the objection of the petitioner against the counter claim of defendant

Patna High Court C.Misc. No.854 of 2017 (2) dt.12-10-2018 2/2 nos. 1, 3 and 4 is not disposed of and the case is adjourned day after days.

Considering the submissions of learned counsel for the petitioner, I find that the grievance of the petitioner is genuine and bonafide.

Accordingly, learned Sub-Judge-1, Patna city is directed to dispose of the objection petition of the petitioner/plaintiff filed against counter claim of defendant nos.1, 3 and 4 in Title Suit No.95/2015 forthwith and make effort for disposal of the suit of the plaintiff in accordance with law. With the aforesaid direction, this civil miscellaneous petition stands disposed of.

(Prabhat Kumar Jha, J) Amit/- U