Tarkeshwar Prasad Mahto v. Ram Autar Mahto And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1747 of 2017 ====================================================== 1.1. Sonu Kumar Son of Late Tarkeshwar Prasad Mahto, Resident of Nasriganj, Opposite Biscuit Factory More, Kabristan Road, P.O. -Digha, P.S. - Danapur, District- Patna.

1.2. Swati Dangi Wife of Manish Dangi, D/o Late Tarkeshwar Pd. Mahto, Resident of 60, New Colony No. - 2, P.S. - Hazira Thana, P.O. - Birla Nayav, Gwalior, Madhya Pradesh.

... ... Petitioner/s

Versus

1.

Ram Autar Mahto and Anr S/o Late Nanda Mahto, 2.

Ajit Kumar, S/o Ram Autar Mahto, both R/o Mohalla- Nasriganj Beltur Pathan Toli, P.S.- Danapur, P.O.- Digha, District- Patna at present residing at Block B/3 Sheo Durga Vihar Lakarpur, Faridabad, Hariyana Near Radha Krishna Mandir, P.O.- Faridabad, Hariyana.

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 22-08-2025 The present Civil Miscellaneous application is filed against the exparte decree dated 29.05.2017 passed in Misc. Case No. 01 of 2013 by Sub-Judge, 1st Danapur. By the aforesaid order the ex-parte judgment and decree passed in Title Suit No. 200 of 2005 has been set aside after imposing cost of Rs. 10,000/- (ten thousand).

3. After some arguments, learned counsel for the petitioner submits that since the matter has been much delayed so he does not want to proceed with this present miscellaneous case, he only wants direction of this Court for expeditious trial

Patna High Court C.Misc. No.1747 of 2017(6) dt.22-08-2025 2/2 of said Title Suit. Presently, this case is pending in the Court of Sub-Judge VI, Danapur.

4. After going through the aforesaid facts, it appears that the suit has been much delayed so the learned Trial Court is directed to expedite the trial and pass judgment as early as possible preferably within a period of six months after hearing both the parties. Both the parties are directed to diligently cooperate in the trial.

5. With the aforesaid observation, the present Civil Miscellaneous No. 1747 of 2017 stands disposed of. (S. B. Pd. Singh, J) Ankit Kumar/- U