Akhilesh Rai @ Akhilesh Kumar Ray v. Manoj Kumar Rai

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.121 of 2022 ====================================================== 1.

Akhilesh Rai @ Akhilesh Kumar Ray Son of Rajgrihi Rai resident of Village- Dihri, P.O.- Hetampur, P.S.- Dhangai, District- Bhojpur, (Bihar). 2.

Vishnu Bhagwan Mishra Son of Shiv Vachan Mishra, resident of VillageDihri, P.O.- Hetampur, P.S.- Dhangai, District- Bhojpur, (Bihar). ... ... Appellant/s

Versus

1.

Manoj Kumar Rai Son of Late Bindeshwari Rai resident of Village- Dihri, P.O.- Hetampur, P.S.- Dhangai, District- Bhojpur, (Bihar). 2.

Binda Devi wife of Late Paramhans Rai, resident of Village- Dihri, P.O.- Hetampur, P.S.- Dhangai, District- Bhojpur, (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kaushal Kumar Jha, Senior Advocate Mr. Amish Jha, Advocate Mr. Siddharth Aditya, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-11-2022 Heard Mr. Kaushal Kumar Jha, learned Senior Counsel on behalf of the appellant duly assisted by Mr. Siddharth Aditya, Advocate.

The present appeal has been preferred against the order dated 22.3.2022 in Title Suit No. 108 of 2021 passed by the Court of learned Sub Judge, Jagdishpur (Bhojpur) by which the injunction petition preferred by the plaintiffs/respondents dated 27.7.2021 was allowed.

The aforesaid Title Suit No. 108 of 2021 has been preferred for declaration to the effect that the suit property land belongs to the plaintiffs/respondents on the agreement to sell

Patna High Court MA No.121 of 2022(4) dt.24-11-2022 2/2 dated 19.3.2020 with other reliefs.

Learned Senior Counsel at the outset submits that since an order has been passed on 22.3.2022 by the learned Sub Judge, Jagdishpur (Bhojpur), the case of the appellant would suffice if necessary direction is given to dispose of the said suit within a time frame.

Learned Senior Counsel has brought the attention of this Court to the order dated 22.3.2022 by the Court of learned Sub Judge, Jagdishpur to show that the learned Court had itself shown its urgency for the disposal of the Title Suit and as such, necessary direction be given in the matter for its final disposal. In view of the fair submission made by learned Senior Counsel, the present appeal is disposed of with the direction to the concerned Court to take up the Title Suit No. 108 of 2021 and dispose of the same at an earliest preferably within a period of one year.

The M.A. No. 121 of 2022 is accordingly disposed of. (Rajiv Roy, J) Ravi/AjayU