Uday Narayan Pandey v. Umashankar Pandey And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.967 of 2018 ====================================================== Uday Narayan Pandey Son of Rajendra Pandey, Resident of Village- Katasa, P.S.- Durgawati, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

Umashankar Pandey and Ors Son of Late Ram Janam Pandey. 2.

Ravindra Kumar Pandey, Son of Umashankar Pandey, Both Resident of Village- Gheghiya, P.S.- Mohania, District- Kaimur at Bhabua. 3.

Om Prakash Pandey, Son of Late Muralidhar Pandey. 4.

Nand Kumar Pandey, Son of Late Ramjanam Pandey 5.

Sachidanand Pandey, Son of Late Ramjanam Pandey. 6.

Shashi Bhushan Pandey, Son of Late Sudarshan Pandey. 7.

Sanjay Kumar Pandey, Son of Nandi Kumar Pandey. 8.

Kamlesh Kumar Padney Minor, Son of Sachidanand Pandey, next friend and legal guardian is natural father namely Schidanand Pandey 9.

Vimlesh Kumar Pandey Minor, Son of Shashibhushan Pandey, next friend and Legal guardian is natural father namely Shashibhushan P 10.

Bachcha minor, Son of Sanjay Kumar Pandey, next friend and legal guardian is natural father namely Sanjay Kumar Pan Resident of Res. NO. 3 to 10 is village- Gheghiya, P.S.-Mohania, District- Kaimur at Bhabua. 12.

Fulmati Devi, Wife of Bharat Chaudhari, Resident of Res. No. 11 and 12 is Village- Gheghiya, P.S.- Mohania, District- Kaimur at Bhabua. 13.

Ramashankar Seth, Son of Vakil Seth, Resident of Village- Stuwarganj, Mohania, P.S.- Mohania, District- Kaimur at Bhabua. 14.

Umesh Chandra Choubey, Son of Shyam Narayan Choubey. 15.

Ramesh Choubey, Son of Shyam Narayan Choubey. Resident of Res. No. 14 and 15 is Village- Katasa, P.S. - Durgawati, District- Kaimur at Bhabua. 16.

Prema Devi @ Padma Devi, Wife of Rajeshwar Tiwari, Resident of VillageDudhara, P.S.- Sonhan, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-11-2022 Mr. Rajani Kant Pandey, learned counsel for the petitioner does not want to press this petition against the

Patna High Court C.Misc. No.967 of 2018(7) dt.01-11-2022 2/2 impugned order dated 10-08-2017 passed by learned Sub Judge -VII, Kaimur at Bhabua in Title Suit No. 148 / 2011, however, he submits that the suit is of the year 2011 and the petitioner being the member of the joint family has been impleaded as defendant in the suit. He next submits that long back the issues have already been framed and the suit is pending for evidence but despite lapse of about eleven years it has not progressed substantially. Accordingly, his submission is that necessary direction be issued to the trial court to dispose the suit on its own merit within a reasonable time period.

Taking into consideration the fact that Title Suit No. 148 / 2011 is pending for the last eleven years, it is expected that the learned trial court i.e. Sub Judge -VII, Kaimur at Bhabua will dispose the suit on its own merit within a reasonable time period preferably within a period of one year from the date of receipt / production of a copy of this order. It is made clear no unnecessary adjournment shall be granted to either of the parties in this case. The application stands disposed of.

praful/- (Anil Kumar Sinha, J) U