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Patna High CourtCWJC/15124/2014disposed

Sheikh Israt v. Nazib Ahmad And ORS

2016-10-24Mr. Justice V. Nath3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15124 of 2014 ===========================================================

1. Sheikh Israt Son of Late Sheikh Safi, Resident of Mohalla- Koran Sarai (Rasulpur), P.S.- Sasaram, District- Rohtas .... .... Petitioner/s

Versus

1. Nazib Ahmad, Son of Late Latif Ahmad

2. Smt. Aisa Praveen, Wife of Saiyad Nazib Ahmad

3. Jainuddin Ahmad, son of Mohiuddin Ahmad All are residents of Mohalla- Koran Sarai (Rasulpur), Town & P.S.- Sasaram, District- Rohtas

4. Iqubal ahmad

5. Nehal Ahmad

6. Jalal Ahmad All (4 to 6) are sons of Late Belal Ahmad, resident of MohallaIdgah, Town & P.S.- Dehri-on-sone, District- Rohtas

7. Mahigi Lal

8. Gopal Jee Both are sons of Gauri Shankar Halwai, Resident of Mohalla- Koran Sarai (Rasulpur), Town & P.S.- Sasaram, District- Rohtas

9. Sohagi Devi, Wife of Vishwanath Sahu

10. Madho Lal, son of Hira Lal Halwai

11. Geeta Devi, Wife of Parmanand Vishwakarma

12. Ramesh Prasad Jaiswal, Son of name not known,

13. Khalil Ahmad, son of Imsmuddin null

14. Sultan Ahmad, Son of Gulam Ali

15. Teju Mian, Son of Lal Mohammad

16. Sheikh Khurshid, Son of Late Safi

17. Laila Khatton, Wife of Mohammad Kamran All are residents of Mohalla- Koran Sarai (Rasulpur), Town & P.S.- Sasaram, District- Rohtas

18. Chairman, Sunni Wakf Board, Patna

19. Sheikh Azad Son of Late Sheikh Safi

20. Mustari Begum, Wife of Late Mohammad Zahoor

21. Nargis Khatoon, wife of Mohammad Sadique, Daughter of Sheikh Safi All are residents of Mohalla- Koran Sarai (Rasulpur), Town & P.S.- Sasaram, DistrictRohtas

Patna High Court CWJC No.15124 of 2014 dt.24-10-2016 .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Adv For the Respondent/s : Mr. Rashid Izhar, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 24-10-2016 Heard Mr. Jitendra Prasad Singh, learned counsel for the petitioner.

After some arguments, learned counsel for the petitioner has confined his prayer for direction to the learned court below for disposal of the Miscellaneous Appeal No. 2 of 1997 which has been pending even after the direction of this Court in the order dated 03.05.2002 passed in C.R. No. 598 of 2001. After considering the submissions, it appears that the Miscellaneous Appeal No. 2 of 1997 has been filed by the plaintiff of the suit against the order rejecting the prayer for injunction. It is surprising to this Court as to why the said appeal has remained pending for such a long time as the matter relates to the year 1997 and such long pendency will obviously frustrate the very purpose of the appeal. It is also apparent that said direction for expeditious disposal of the appeal has already been issued by this Court earlier on 03.05.2002.

Considering the aforesaid facts and circumstances of

Patna High Court CWJC No.15124 of 2014 dt.24-10-2016 the case, this application is disposed of with a direction to the learned court below to dispose of the appeal within a period of three months from the date of receipt/production of a copy of this order and submit a report to this Court.

(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.12.16 Transmission Date N.A.