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Patna High CourtC.Misc./360/2024disposed

Sanjay Kumar v. Shanti Devi

2025-05-15Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.360 of 2024 ====================================================== Sanjay Kumar, son of Ganesh Prasad Gupta, resident of Badi Gaddi Campus, Shish Mahal Chowk, Gangi Road, P.O. Mirganj, P.S. Arrah Town, DistrictBhojpur at Arrah. ... ... Petitioner/s

Versus

1.

Shanti Devi W/o Late Lakshmi Prasad, Resident of Haldi Bazar, MohallaMauna Chak, P.S. Mauna Adda, Chapra, District-Saran. 2.

Akhilesh Prasad, son of Late Lakshmi Prasad, Resident of Gandhi Chowk, P.S.-Town Chapra, District Saran.

3.

Mithlesh Kumar, son of Late Lakshmi Prasad, Resident of Gandhi Chowk, P.S.-Town Chapra, District Saran.

4.

Babudhan Prasad, son of Late Lakshmi Prasad, Resident of Gandhi Chowk, P.S.-Town Chapra, District Saran.

5.

Nandan Kumar, son of Late Lakshmi Prasad, Resident of Gandhi Chowk, P.S.-Town Chapra, District Saran.

6.

Dadan Prasad, S/o Laxmi Prasad, Resident of Haldi Bazar, Mohalla-Mauna Chak, P.S. Mauna Adda Chapra, District-Saran. 7.

Kundan Kumar, S/o Laxmi Prasad, Resident of Haldi Bazar, Mohalla-Mauna Chak, P.S. Mauna Adda Chapra, District-Saran. 8.

Rajiv Kumar, S/o Ganesh Prasad Gupta, resident of Badi Gaddi Shis Mahal Chowk, Gangai Road, P.S.-Arra Town, District-Bhojpur at Arrah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 15-05-2025 The record taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner and I intend to dispose of the present petition at the stage of admission itself.

3. The petitioner is aggrieved by the order dated 03.01.2024 passed by the learned Sub Judge-IV, Bhojpur at Ara

Patna High Court C.Misc. No.360 of 2024 dt.15-05-2025 2/3 in Title Suit No. 919 of 2023 whereby and whereunder the order of status quo granted vide order dated 19.10.2023 by the learned trial court has been vacated.

4. Perusal of record shows the order dated 19.10.2023 has been passed in absence of the defendants and while passing the order restraining the defendants from interfering in the suit property, the parties were directed not to alienate the suit land till the disposal of the application dated 02.09.2023 filed by the plaintiff/petitioner seeking injunction.

5. The learned counsel for the petitioner submits that the said application has not been disposed of and the learned trial court is not taking any interest for disposal of the application and the petitioner restricts his prayer before this Court for direction to the learned trial court to dispose of the application dated 02.09.2023 filed by the plaintiff/petitioner, in a time bound manner.

6. In the light of aforesaid facts and circumstances as well as submission made on behalf of the petitioner, learned Sub Judge-IV, Bhojpur at Ara is directed to dispose of the aforesaid injunction petition dated 02.09.2023 filed in Title Suit No. 919 of 2023 by the plaintiff/petitioner, at the earliest preferably within a period of one month from the date of receipt/production

Patna High Court C.Misc. No.360 of 2024 dt.15-05-2025 3/3 of a copy of this order.

7. With the aforesaid observations/directions, the instant petition stands disposed of.

(Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.05.2025 Transmission Date NA