Shadab Perveen @ S. Perveen v. Sushil Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.154 of 2025 ====================================================== Shadab Perveen @ S. Perveen Wife of Md. Faiyaz, Resident of B-2, P.C. Colony, Kankarbagh, P.S. Kankarbagh, Town and District Patna. ... ... Petitioner/s

Versus

Sushil Kumar Singh Son of Prof. S.N. Singh, Resident of 1/D, Shanti Lok Apartment, Sheikhpura, Bailey Road, P.S. Shastri Nagar, Town and District Patna.

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

For the Petitioner/s :

Mr. Anshul, Advocate Mr. Nagadeo Choubey, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-04-2025 Office note shows the notice copy of the sole respondent was hanged on the main gate as his wife refused to receive the notice.

2. On the other hand, neither the acknowledgment of the notice sent through registered cover nor the undelivered registered cover has been received.

3. Considering the fact that the wife of the respondent refused to receive the notice and notice was thereafter hanged on the main gate, service is declared served upon the sole respondent.

4. Heard learned counsel for the petitioner.

5. Learned counsel for the petitioner submits that the present petition has been filed seeking expeditious disposal of Title Eviction Appeal no. 22 of 2024 as well as the application dated 10.09.2024 filed by the petitioner under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, pending

Patna High Court C.Misc. No.154 of 2025(3) dt.29-04-2025 2/2 before the court of learned District Judge-30, Patna.

6. Learned counsel further submits that after appearance of the respondent, both sides consented for early disposal of the Eviction Appeal and the petitioner undertook not to press his execution proceeding arising out of judgment and decree passed in Title Eviction Suit No. 45 of 2020.

7. Learned counsel further submits that however the said Eviction Appeal has not been taken up as the respondent is not interested in disposal of the Eviction Appeal.

8. In the light of the aforesaid circumstances and submission made on behalf of the learned counsel for the petitioner, learned District Judge-30, Patna is directed to dispose of the application dated 10.09.2024 filed by the petitioner under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act as well as take further steps for early disposal of Title Eviction Appeal no. 22 of 2024, preferably within 6 months from the date of receipt/production of copy of this order.

9. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) Anuradha/- U