Smt. Neelam Kumari v. The Registrar, Civil Court,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.77 of 2019 ====================================================== Smt. Neelam Kumari, Wife of Manoj Kumar Thakur @ Manoj Thakur Resident of Station Road, P.S.-Begusarai Town, District-Begusarai ... ... Petitioner/s

Versus

The Registrar, Civil Court, Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra, Advocate For the Respondent/s :

Mr.Satyabir Bharti, Advocate Mr. Abhimanyu Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 22-01-2020 The petition filed on 10.01.2019 is listed for hearing for the first time today before the Court.

Petitioner has prayed for the following relief: "For issuance of writ in the nature of mandamus, commanding and directing the Respondent No. 2Court of Sub-ordinate Judge-I, Begusarai, to adjudicate the petition dated 09/10/2018 filed in pending Probate Case No. 26/2016 under Section 288 of Indian Succession Act, 1925 and accordingly return the documents which have been filed by the petitioner, in order that the same be presented to the District Judge, so that appropriate proceeding may take place."

After the matter was heard for some time, learned counsel for the petitioner prayed for expeditious disposal of the application pending consideration before the court below, filed

Patna High Court C.Misc. No.77 of 2019(2) dt.22-01-2020 2/2 under Section 288 of the Indian Succession Act. Respondent has no objection to the same.

As such, the instant petition is disposed of with direction to the court below to positively consider and decide the petitioner's application dated 09.10.2018 (Annexure-P/3), expeditiously and preferably within a period of three months. Parties undertake to appear before the court below on 24.02.2020 and apprise the passing of the order. (Sanjay Karol, CJ) P.K.P./-Sushma U