Patna High CourtCWJC/16787/2013dismissed

Ram Pravesh Rai v. Kameshwar Prasad Singh And ORS

2017-02-23Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16787 of 2013 =========================================================== Ram Pravesh Rai Son Of Late Vakil Rai Resident Of Village / Mohalla - Saristabad, P.O. Gardani Bagh, District - Patna .... .... Petitioner/s

Versus

1. Kameshwar Prasad Singh Son Of Late Sakaldeep Rai Resident Of Village - Gopalpur ( Kandap ), P.S. Gaurichak, District - Patna

2. Basant Kumar Son Of Dek Narayan Rai Resident Of Mohalla - Saristabad, P.S. Gardani Bagh, District - Patna

3. Kitab Rai Son Of Joti Rai

4. Rajendra Rai Son Kitab Rai

5. Indradeo Rai Son Of Kitab Rai

6. Sushil Rai Son Of Kitab Rai all Resident Of Village - Saristabad, P.S. Gardani Bagh, District - Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ravi Bhushan Kumar, Adv. For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 23-02-2017 Heard learned counsel for the petitioner.

The limited prayer has been made by the petitioner in the present application for a direction to the learned court below for disposal of the T.S. No. 09 of 2002 pending before the learned court below.

It has been submitted by learned counsel for the petitioner that the disposal of the said suit is being lingered due to the reasons attributable to the respondents who are interested only to linger the

Patna High Court CWJC No.16787 of 2013 dt.23-02-2017 matter.

After considering the submissions and the limited nature of the prayer by the petitioner, this Court finds that there is no such prayer made before the learned court below itself stating the reasons and grounds for early disposal of the said suit. This Court therefore, is not inclined to exercise its jurisdiction under Article 227 of the Constitution of India.

The present application is, accordingly, dismissed. However, the petitioner is granted liberty to approach the learned court below itself for the aforesaid relief as made therein by furnishing adequate reasons. If such prayer is made by the petitioner, the learned court below is enjoined to pass appropriate order in that regard.

(V. Nath, J) Devendra/- AFR/NAFR CAV DATE Uploading Date 28.02.2017 Transmission Date