Shanti Singh v. Usha Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.263 of 2024 ====================================================== Shanti Singh Wife Of Late Tej Narain Singh Resident of Miss Mandal Compound, Narain House, Boring Road, Patna.

... ... Petitioner/s

Versus

1.

Usha Singh Wife of Late Samar Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 2.

Vir Vikram Ranjan Singh Son of Late Samar Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 3.

Ashok Rajan Son of Late Samar Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 4.

Yashaswini Raj Son of Late Samar Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 5.

Sanjeev Kumar Singh Son of Late Samar Vijay Singh Resident of MohallaGopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 6.

Amrit Raj Son of Late Samar Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 7.

Bhanu Bhaskar Singh Son of Late Samar Vijay Singh Resident of MohallaGopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 8.

Pushpa Singh Daughter of Late Ran Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 9.

Kiran Singh Daughter of Late Ran Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 10.

Rakesh Singh Son of Late Ran Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 11.

Nellu Singh Daughter of Late Ran Vijay Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 12.

Praveen Kumar Singh Son of Late Ran Vijay Singh Resident of MohallaGopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 13.

Poonam Singh Daughter of Late Ran Vijay Singh Resident of MohallaGopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 14.

Bharat Vijay Singh Son of Late Ramadhin Singh Resident of Mohalla-Gopal

2/4 Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 15.

Jagat Vijay Singh Son of Late Ramadhin Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 16.

Amar Vijay Singh Son of Late Ramadhin Singh Resident of C/o Sanjay Kumar Singh, House No. 369, Co-operative Society, Bokaro. 17.

Dig Vijay Singh Son of Late Ramadhin Singh Resident of Mohalla-Gopal Pandey Lane, Manpur, P.S. Buniyadganj District-Gaya. 18.

Krishna Vijay Singh Son of Late Ramadhin Singh Resident of Flat No. 101, Apartment, Bchind Officers Flat, Baily Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kishore Verma, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-05-2024 The matter has been taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The instant petition has been filed under Article 227 of the Constitution of India for issuance of an appropriate direction to the court of learned Sub-Judge XI, Gaya to dispose of the Partition Suit No. 536 of 2013/84 of 2013 renumbered as Partition Suit No. 23 of 2018 within specified period.

4. Learned counsel for the petitioner submits that the petitioner as the plaintiff has earlier filed Partition Suit No. 536 of 2013/84 of 2013 renumbered as Partition Suit No. 23 of

3/4 2018. The petitioner is an old lady aged about 83 years and the learned trial court is not taking any interest towards prompt disposal of the suit and it is impossible for the petitioner to receive her share in the partition during her life time.

5. Since the petitioner has come before this Court for early disposal of 536 of 2013/84 of 2013 renumbered as Partition Suit No. 23 of 2018, I find that there is no need to issue notice to the respondents.

6. It should be the endeavour of all the courts to dispose of the matter related to civil dispute within a reasonable time period, otherwise delay results in multiplicity of unnecessary litigation including criminal cases.

7. In view of the facts and circumstances of the case, learned Sub-Judge XI, Gaya is directed to take up the matter with all earnest and try to dispose of 536 of 2013/84 of 2013 renumbered as Partition Suit No. 23 of 2018 within a period of nine months from the date of receipt/production of a copy of this order without granting unnecessary adjournments to the parties, who are directed to fully co-operate in disposal of the case. It is further directed that after disposal of the suit, learned trial court will to send a report in this regard to this Court.

4/4

8. With the aforesaid directions, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U