Md. Ziaullah Khan v. Shri Shashi Bhushan Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.437 of 2025 ====================================================== Md. Ziaullah Khan S/o Late Hazi Md. Faizullah Khan, R/o Raja Bazar, Samanpura, P.O. Bihar Ventenary College, P.S. Shashtri Nagar, District-Patna- ... ... Petitioner/s

Versus

Shri Shashi Bhushan Singh S/o Late Madho Singh, At Present R/o at Mohallah Raja Bazar, Chaudhary Hotel Gali, (Salempur Dumara) P.O. Bihar Ventenary College, P.S. Shashtri Nagar, District-Patna-14. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinkar Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-04-2025 Record taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The petitioner has approached this Court seeking direction to the learned trial court of Civil Judge (Jr. Division)- II, Patna for time bound disposal of Title Eviction Suit No. 13 of 2016.

4. Learned counsel for the petitioner submits that the learned trial court has kept pending the matter at the stage of evidence of defendant since 13.12.2018, resulting miscarriage of justice. The eviction suit was filed on 11.02.2016 by the petitioner and the defendant appeared and filed written statement on 02.09.2016. Issues were framed on 17.08.2017. The evidence of the plaintiff had been completed on 12.03.2018

Patna High Court C.Misc. No.437 of 2025(2) dt.16-04-2025 2/2 and thereafter, on 04.05.2018 the evidence of the defendant started and the same is continuing till date. Learned counsel further submits that the defendant wants to keep the matter pending and he has been filing a number of applications with sole purpose of keeping the eviction suit pending. Thus, learned counsel submits that the order may be passed for early disposal of Title Eviction Suit No. 13 of 2016.

5. Since the petitioner has approached this Court with limited prayer for earlier disposal of Title Eviction Suit No. 13 of 2016, I think there is no need to issue notice to the respondent and direct the learned trial court to dispose of Title Eviction Suit No. 13 of 2016 within a period of three months from the date of receipt/production of a copy of this order and send a report to this Court since it prima facie appears that the matter has been running at the stage of evidence of defendant for about seven years.

6. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U