Patna High CourtC.Misc./779/2016dismissed

Birendra Prasad Gupta v. Mahendra Jha And ANR

2016-08-30Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court C.Misc. No.779 of 2016 (2) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.779 of 2016 ====================================================== Birendra Prasad Gupta .... .... Appellant/s

Versus

Mahendra Jha & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rakesh Ranjan Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 30-08-2016 Heard the learned counsel, Mr. Rakesh Ranjan Verma for the petitioner.

Perused the impugned order dated 18.06.2016 passed by the learned Munsif, Pupri, District-Sitamarhi in Eviction Suit No.1 of 2009 whereby the learned Court below rejected the application filed by the present petitioner under Section 10 of the Code of Civil Procedure praying for stay of further proceeding during the pendency of Title Suit No.165 of 2009. From perusal of the impugned order, it appears that the Court below clearly recorded a finding that in the eviction suit only this petitioner is defendant whereas the plaintiffs of Title Suit No.165 of 2009 are not party in the eviction suit. In view of the above facts and circumstances of the case and finding recorded by the Court below, in my opinion, the petitioner is only dragging the case as the Court below has held

Patna High Court C.Misc. No.779 of 2016 (2) dt.30-08-2016 that the eviction suit is at the stage of argument. It appears that the petitioner is trying to linger the disposal of the eviction suit by filing these types of frivolous and vexatious applications and using the process of the Court.

Therefore, this Civil Miscellaneous application is dismissed with cost of Rs.5,000 to be deposited by the petitioner in the eviction suit in the Court below within one month failing which the cost may be realized by the Court through the process of law. If it is deposited, the plaintiffs shall be at liberty to withdraw the same.

(Mungeshwar Sahoo, J) Saurabh/- U T