Sanyukta Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19350 of 2016 ====================================================== Sanyukta Devi wife of Late Janakdhari Singh, resident of Mohalla- Sidharath Nagar, Nalapar, P.O.- B.V. College, Old P.S.- Gardanibagh, present P.S.- Hawai Adda, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Law Secretary, Government of Bihar, Patna 2.

The District and Sessions Judge, Patna.

3.

The Sub-Judge- III, Patna Civil Court, Patna. 4.

Binod Kumar Singh, Son of Late Dharam Nath Singh, 5.

Prem Kumar, 6.

Priyanshu Kumar, 7.

Riya Kumari, All minor sons and daughter of Sri Binod Kumar Singh under the guardianship and well wisher of their all residents of Village- Chhoti Rukanpura, P.O.- B.V. College, present P.S.- Hawai Adda, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Respondent/s :

Mr.Md.Raisul Haque-Sc10 Mr. Md. Obaidullah, AC to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-04-2023 The present writ petition has been filed seeking the following relief:- "1. That the present writ petition has been preferred for issuance of writ/writs, order / orders, direction / directions, directing the respondent authorities especially the District & Sessions Judge, Patna as well as court of Sub-Judge-III, Patna to take appropriate steps in the matter of Partition Suit No. 449/2008, which was filed on 21.11.2008 and from November, this Petition Suit No. 449/2008 is lying pending on one pretext or

Patna High Court CWJC No.19350 of 2016(2) dt.07-04-2023 2/2 other, on which basis the plaintiffs of the said suit Binod Kumar Singh and other are applying delay tactic and the suit is not being decided for want of report of the Advocate Commissioner appointed more than three years before and almost for last more than six years, the present petitioner has been facing harassment mental and financial and other sources."

Considering the nature of relief sought for in the present case, I deem it fit and proper to direct the District & Sessions Judge, Patna to enquire into the matter and ensure that appropriate steps are taken for expeditious disposal of the aforesaid Partition Suit No. 449 of 2008, which is pending before the learned Court of Sub-Judge III / Successor Court, Patna, in case the aforesaid partition suit has not already been disposed off.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U