Uday Kumar Gupta v. Ajay Kumar Sinha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.345 of 2025 ====================================================== 1.

Uday Kumar Gupta Son of Late Lakhi Prasad, Resident of Near White Pillar, Lal Bhadur Shastri Nagar, Behind J. D. Women Post Office Road, Mohalla- Shastri Nagar, Police Station- Shastri Nagar, District- Patna. 2.

Renu Gupta, Wife of Uday Kumar Gupta, Resident of Near White Pillar, Lal Bhadur Shastri Nagar, Behind J. D. Women Post Office Road, MohallaShastri Nagar, Police Station- Shastri Nagar, District- Patna. 3.

Bijay Kumar Gupta, Son of Late Lakhi Prasad, Resident of Eshwari Bhawan, Behind J. D. Women Post Office Road, Mohalla- Shastri Nagar, Police Station- Shastri Nagar, District- Patna. 4.

Gomti Gupta, Wife of Bijay Kumar Gupta Resident of Eshwari Bhawan, Behind J. D. Women Post Office Road, Mohalla- Shastri Nagar, Police Station- Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

Ajay Kumar Sinha Son of Sri Sita Ram Jaiswal, Resident of MohallaShivpur Tikia Toli, Post Office- Mahendru, Police Station- Sultanganj, District- Patna.

2.

Computer Digital India Private Limited, through its Director Ajay Kumar Sinha, son of Sri Sita Ram Jaiswal, resident of Mohalla- Shivpur TikiaToli, Post Office- Mahendru, Police Station- Sultanganj, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-04-2025 Record taken up on mentioning being made on behalf of the petitioners.

2. Heard learned counsel for the petitioners.

3. Learned counsel for the petitioners submits that the petitioners filed Title Eviction Suit No. 30 of 2020 which was allowed in favour of the petitioners vide ex-parte judgment

Patna High Court C.Misc. No.345 of 2025(2) dt.16-04-2025 2/2 dated 14.09.2022 passed by learned Sub Judge-IX, Patna. However, learned trial court has not prepared the decree even after passage of more than two years and for this reason, the petitioners have not been able to file their case for execution and they have been suffering loss of Rs. 2,50,000/- per month. Thus, learned counsel submits that the learned trial court may be directed to prepare decree in terms of the judgment dated 14.09.2022.

4. Since the petitioners have approached this Court with simple prayer for direction to the learned trial court for preparation of decree at the earliest, without issuing notice to the respondents, learned trial court is directed to prepare decree in Title Eviction Suit No. 30 of 2020 at the earliest and preferably within one month from the date of receipt/production of a copy of this order and intimate this Court about preparation of the decree.

5. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U