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Patna High CourtC.Misc./219/2023disposed

Umesh Kumar Purvey v. Mithilesh Kumar Mishra

2024-08-20Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.219 of 2023 ====================================================== Umesh Kumar Purvey Son of Late Jagdish Purvey Resident of MohallaPandasarai, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

1.

Mithilesh Kumar Mishra Son of Sri. Kamod Narayan Mishra @ Sri Kamod Kr. Mishra Resident of Mauza- Kotua, Pargana Bharwara, P.S. Sub- registry, Anchal Darbhanga, District Darbhanga and also at Mohalla Shahganj Benta, P.S. Laheriasarai, Anchal Bahadurpur, District- Darbhanga. 2.

Pankaj Kumar Mishra, Son of Mithilesh Kumar Mishra Resident of MauzaKotua, Pargana Bharwara, P.S. Sub- registry, Anchal Darbhanga, District Darbhanga and also at Mohalla Shahganj Benta, P.S. Laheriasarai, Anchal Bahadurpur, District- Darbhanga.

3.

Sanjay Kumar Mishra, Son of Mithilesh Kumar Mishra Resident of MauzaKotua, Pargana Bharwara, P.S. Sub- registry, Anchal Darbhanga, District Darbhanga and also at Mohalla Shahganj Benta, P.S. Laheriasarai, Anchal Bahadurpur, District- Darbhanga.

4.

Ranjeet Kumar Mishra, Son of Mithilesh Kumar Mishra Resident of MauzaKotua, Pargana Bharwara, P.S. Sub- registry, Anchal Darbhanga, District Darbhanga and also at Mohalla Shahganj Benta, P.S. Laheriasarai, Anchal Bahadurpur, District- Darbhanga.

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

For the Petitioner/s :

Mr.Shailesh Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-08-2024 The matter has been listed on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The petitioner has approached this Court with limited prayer seeking early disposal of Title Suit No. 102 of

Patna High Court C.Misc. No.219 of 2023(2) dt.20-08-2024 2/3 2012 pending in the court of learned Sub Judge-V, Darbhanga.

4. Learned counsel for the petitioner submits that the respondents are plaintiffs and the petitioner as defendant filed his counter claim way back in the year 2013. The issues have been framed on 17.08.2017 and the plaintiffs have been delaying the disposal of the matter on various pretext. Learned counsel further submits that the laxity in deciding the suit has become punishment for the petitioner. Learned counsel also referred to the case of Gayathri Vs. M. Girish reported in (2016) 14 SCC 142 wherein the Hon'ble Supreme Court lamented the frequent adjournments leading to delay in disposal of civil cases and held that the access to speedy justice is not only a creation of law but also a natural right.

5. Since the petitioner has come before this Court with limited prayer for expeditious disposal of title suit of the year 2012, I do not think there is any need to issue notice to the respondents.

6. Considering the antiquity of the title suit, the learned Sub Judge-V, Darbhanga is directed to expedite the trial of Title Suit No. 102 of 2012 and dispose of the same within a period of nine months from the date of receipt/production of a copy of this order.

Patna High Court C.Misc. No.219 of 2023(2) dt.20-08-2024 3/3

7. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U