Shivdeni Singh v. Gajendra Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.704 of 2025 In Miscellaneous Appeal No.612 of 2024 ====================================================== Shivdeni Singh, s/o Late Nakchhed Singh, Resident of Village - Sukarwaliya, Paragana- Kuwari, P.S. Phulwariya, District- Gopalganj. ... ... Petitioner/s
Versus
1.
Gajendra Kumar Singh, S/o Late Ram Shahay Singh Resident of Village - Kapuri, P.O. Panchdewari, P.S. Kateya, District- Gopalganj. 2.
Most. Lilawati Kunwar W/o Late Parash Nath Singh Resident of Village - Khadahin South Tola, P.O. and P.S. Bhorey, District- Gopalganj. 3.
Shanti Devi Subash Kushwaha, Resident of Village - Chhapiya, P.O. Bhengari Bazar, P.S. Khampar, District- Deoriya, (U.P.). 4.
Kishnawati Devi Wife of Bullu Bhagat Resident of Village - Mathiya, P.O. Ahiyapur, P.s. Bijaypur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Singh, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 06-08-2025 The record has been taken up on mentioning being made on behalf of the petitioner.
2. Heard learned counsel for the petitioner.
3. However, learned counsel for the petitioner is not in a position to apprise this Court about the present stage of Probate Case No.17/2014 pending in the court of learned Additional District Judge-7, Gopalganj except submitting that the matter is still pending.
4. Perusal of order sheet annexed with the petition
Patna High Court C.Misc. No.704 of 2025 dt.06-08-2025 2/3 shows on 31.10.2023, certain documents were marked as exhibits. It also transpires from the order sheet that the probate petitioner filed reply to the application dated 04.10.2023 filed by the opposite party no.6. Thereafter, the matter has been fixed for hearing. The learned counsel is not able to apprise this Court as to whether the main matter was fixed for hearing or the matter was hearing on the application dated 04.10.2023.
5. Be that as it may, since the petitioner has approached this Court with limited prayer seeking direction to the learned trial court for expeditious disposal of Probate Case No.17/2014 pending before the court of learned Additional District Judge-7, Gopalganj, without issuing notice to the respondents, the learned trial court is directed to expedite the proceeding of Probate Case No. 17 of 2014 and try to conclude the same at the earliest on its merits and in accordance with law considering the fact that the petitioner is aged about 85 years and administrative orders have been issued from time to time for taking up cases of senior citizen on priority basis.
6. At the same time, the parties are directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.
7. With the aforementioned observations and
Patna High Court C.Misc. No.704 of 2025 dt.06-08-2025 3/3 directions, the instant petition stands disposed of. (Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.08.2025 Transmission Date NA