Dr. Binod Kumar Safi, v. Ajay Kumar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.87 of 2022 ====================================================== Dr. Binod Kumar Safi, Son of Late Ganga Safi, resident of Bhaluchak, Sadar Thana Road, Kabirchak, P.S. Sadar, District Darbhanga-846009. ... ... Petitioner/s

Versus

1.

Ajay Kumar, son of Late Anandi Safi, resident of Ugna Colony, P.O. Sapata, P.S. Rahika, District Madhubani.

2.

Smt. Maya Devi, Wife of Dr. Binod Kumar Safi, resident of Bheluchak, Sadar Thana Road, Kabir Chak, P.s. Sadar, District-Darbhanga-8486009. 3.

Dr. Bimal Kuma son of Dr. Binod Kumar Safi, resident of Bheluchak, Sadar Thana Road, Kabir Chak, P.s. Sadar, District-Darbhanga-8486009. 4.

Chandan Rai, son of Dr. Binod Kumar Safi, resident of Bheluchak, Sadar Thana Road, Kabir Chak, P.s. Sadar, District-Darbhanga-8486009. 5.

Smt. Neelam Bharti, Wife of Sunil Kumar, resident of Sector 8L, 78, Bahadurpur Housing Colony, Patna.

6.

Smt. Anju Kumari, Wife of Ram Gulam Safi, resident of Bhaluchak, Sadar Thana Road, Kabirchak, P.s. Sadar, District Darbhanga. 7.

Mr. Madhu Devi Bharti, Wife of Vijay Kumar Nepali, resident of Padma Colony, Nagarjun Municipality, Ward No. 6, Sitapila, Kathamandu (Nepal) ZIP 44600.

8.

Amrendra Kumar Amar, son of Late Anandi Safi, resident of Mohalla Bhaluchak, Sadar Thana Road, Kabirchak, P.S. Sadar, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-06-2022 Heard learned Counsel for the petitioner.

At the outset, learned Counsel for the petitioner submits that the present application has been filed for a direction to the learned Court below to conclude Misc. Case No. 35 of 2020, pending before the learned 1st Civil Judge, Senior Division, Darbhanga, filed by the respondent no. 1 within a

Patna High Court C.Misc. No.87 of 2022(2) dt.20-06-2022 2/2 reasonable time frame.

Learned Counsel for the petitioner submits that a compromise decree was prepared in a partition suit between the petitioner and the respondents, bearing Partition Suit No. 271 of 2014, on 10.10.2015 on the basis of the judgment dated 30.09.2015, passed by the Sub Judge I, Darbhanga and after a lapse of about five years, the respondents have filed Misc. Case No. 35 of 2020, challenging the compromise decree, in which a lot of petitions are being filed by the respondents in order to harass the petitioner; whereas part of the compromise decree has already been acted upon.

In view of the submissions made by learned Counsel for the petitioner, the learned Court below is requested to dispose Misc. Case No. 35 of 2020 as early as possible without giving any unnecessary adjournment to either parties. This application is disposed of accordingly.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √