Pramod Prasad Mehta @ Pramod Mehta And ORS v. Satya Narain Prasad Mehta And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15435 of 2016 ======================================================

1. Pramod Prasad Mehta @ Pramod Mehta (Substituted Plaintiff no. 1).

2. Binod Prasad Mehta @ Binod Mehta (Substituted Plaintiff no. 1(a) (b).

3. Ashok Kumar Mehta (Substituted Plaintiff no. 1(c).

4. Shushil Kumar Mehta @ Shushil Mehta (Substituted Plaintiff no. 1(d).

5. Arbind Kumar Mehta @ Arbind Mehta (Substituted Plaintiff no. 1(e).

6. Rabindra Kumar Mehta (Substituted Plaintiff no. 1(f).

7. Abhash Kumar Mehta @ Abhash Kumar (Substituted Plaintiff no. 1(a) (i).

8. Prabhash Kumar Mehta @ Prabhash Kumar (Substituted Plaintiff no. 1(a) (ii)). (Both sons of late Amod Prasad Mehta Plaintiff no. 1(a)). All are heirs of Srimati Dropadi Devi, wife of Ambika Prasad Mehta and daughter of Late Sukhdeo Prasad Mehta, resident of Village- Gokulpur, P.S. K.Nagar, District- Purnia. ... ... Petitioner/s

Versus

1. Satya Narain Prasad Mehta

2. Suresh Prasad Mehta

3. Lakshman Prasad Mehta

4. Ramesh Mehta All sons of Sundar Prasad Mehta, resident of Village- Mahamadpur, P.S. K.Nagar, District- Purnia.

5. Pradip Kumar Mehta

6. Kishor Kumar Mehta

7. Balbant Kumar Mehta

8. Manoj Kumar Mehta

9. Raj Kumar Mehta

10. Dharmendra Kumar Mehta

11. Santosh Kumar Mehta All Defendant no. 5 to 11 are sons of Ishwari Prasad Mehta, resident of Village- Gokulpur, P.S. K.Nagar, District- Purnia.

12. Kalabati Devi @ Kalo Devi D/o Late Sukhdeo Prasad Mehta resident of Village- Gokulpur, P.S. K.Nagar, District- Purnia, At present Garhia Balva, P.S. K.Nagar, District- Purnia.

13. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Deparment, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh For the Respondent/s :

Mr. Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

Patna High Court CWJC No.15435 of 2016(2) dt.22-11-2018 2/3 ORAL ORDER 22-11-2018 Head learned counsels for the petitioner and the respondent-State.

The present writ application has been filed for a direction for disposal of Title Suit No.03 of 2003, pending before the Sub-Judge, 1st Purnea.

It is submitted by learned counsel for the petitioner that in the said Title Suit, defendant appeared and submitted written statement. The evidence of the plaintiff has concluded on 13.6.2011 and thereafter only one witness has been examined on behalf of the defendant and since then no progress has been made in the said title suit in question and the Title Suit No.03 of 2003 has been kept pending.

The writ application was registered on 09.09.2016, but there is nothing on record to suggest that any counter affidavit has been filed till date. Moreover, in view of the nature of order this Court intends to pass, there is no need of either adjourning the matter any further or issuing notice to private respondents.

Though, there is nothing on record with regard to the present stage of the case, but considering the fact that Title Suit was registered in the year 2016, and in the interest of justice, it is expected from the Sub-Judge-I, Purnea to conclude the trial, if it

Patna High Court CWJC No.15435 of 2016(2) dt.22-11-2018 3/3 has not been concluded as yet, within a period of nine months, from the date of receipt/production of a copy of this order, in accordance with law.

The writ application stands disposed of with the observation aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- U