Vishwadeo Prasad Singh v. Satya Narayan Prasad Sinha And ORS

Patna High Court CWJC No.14491 of 2014 (2) dt.12-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14491 of 2014 ====================================================== Vishwadeo Prasad Singh S/o Late Ram Shobhit Singh Resident of Village Sheetal Bhakurahar, P.S. Sarai, District Vaishali. -Defendant 1st party-Petitioner.

Versus

1. Satya Narayan Prasad Sinha S/o Late Ram Dayal Singh

2. Chandradeep Singh S/o Late Ramjee Singh

3. Braj Nandan Singh S/o Late Rameshwar Singh All from 1 to 3 are Resident of Village Sheetal Bhakurahar, P.S. Sarai, District Vaishali. -Plaintiffs-Respondents.

4. Deo Sharan Singh S/o Late Ram Dayal Singh

5. Raj Kishore Singh S/o Late Ram Dayal Singh

6. Dig Vijay Singh S/o Late Ramjee Singh

7. Braj Bhushan Singh S/o Late Rameshwar Singh From 4 to 7 are Resident of Village Sheetal Bhakurahar, P.S. Sarai, District Vaishali. -Defendants 2nd parties-Respondents.

====================================================== Appearance :

For the Petitioner/s : Mr. Rana Ishwar Chandra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 12-02-2015 Heard the learned counsel for the petitioner in this writ application under Article 227 of the Constitution of India. The sole prayer of the petitioner is for disposal of the T.S.No.590/2007 pending before the court of learned Civil Judge I, Vaisahli at Hajipur, which has been filed for declaration of title and recovery of possession. The learned counsel for the petitioner has submitted that the petitioner who is defendant no.1 in that suit, has got a perfect title and in his exclusive possession over the suit property. It has been further canvassed that the plaintiff is deliberately lingering the disposal of the suit on merits.

Patna High Court CWJC No.14491 of 2014 (2) dt.12-02-2015 However, it has been accepted by the learned counsel that there is no order of injunction or any order by the court touching upon the right, title and interest of the petitioner over the suit property. In this view of the matter, this Court is not inclined to pass the order, as prayed.

The petitioner shall be at liberty to move before the learned court below in accordance with law for expeditious proceeding of the suit after stating the facts, if so advised. The writ application is dismissed with aforesaid liberty.

(V. Nath, J) Nitesh/- U