Md. Estesamul Haque And ORS v. Umesh Prasad Nagbanshi And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.2036 of 2017 ====================================================== 1.

Md. Estesamul Haque.

2.

Md. Ekramul Haque.

3.

Md. Saudul Haque.

All are Sons of Late Haji Md. Sagir Ahmad and resident of MohallaSabzibag, Police Station Pirbahore Town and District- Patna. ... ... Petitioners

Versus

1.

Umesh Prasad Nagbanshi.

2.

Murli Manohar @ Murli Prasad.

Both are Sons of Late Mangal Das, resident of Mohalla-Qutubddin Lane Sabzibagh, Police Station Pirbahore, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kishore, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-08-2023 The petitioner is challenging the order dated 12.09.2017 passed by learned Munsif, 1st, Patna, in Eviction Suit No.26 of 2000, by which the review petition filed by the petitioners for review of order dated 13.04.2017 has been rejected.

2.

In the opinion of this Court, this application is not maintainable. Accordingly, this application is dismissed with a liberty to the petitioners to file an appropriate application in this Court.

3.

The Eviction Suit No.26 of 2000 was filed for a property situated in the heart of Patna being delayed by the

Patna High Court C.Misc. No.2036 of 2017(2) dt.28-08-2023 2/2 tenant since the year 2000. The Court cannot be a mute spectator of the delay tactic adopted by the tenant. The Munsif, 1st, Patna, is directed to decide the Eviction Suit No. 26 of 2000 within four months from the date of receipt/production of a copy of this order. He will proceed ex parte against non-cooperating party and will also send the compliance report before this Court after four months.

(Sandeep Kumar, J) pawan/- U