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Patna High CourtCWJC/11138/2015disposed

Sujeet Kumar v. The State Of Bihar And ORS

2016-12-21Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11138 of 2015 =========================================================== Sujeet Kumar Son of late Satto Mahto resident of Village P.o. and P.s Bahem, District Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Law Secretary Government of Bihar, Old Secretariat, Patna.

2. Shivji Sharma Son of Nathuni Sharma

3. Upendra Sharma son of Shivjee Sharma.

4. Ram Bilash Sharma son of Ramjee Sharma

5. Lakshman Sharma Son of Ramjee Sharma All resident of Village P.O . and P.S. Baheri District Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner :

Mr. Rajendra Kumar Jain, Advocate For the State :

Mr. AC to SC 18 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-12-2016 Heard learned counsel for the petitioner and the State. The present application has been filed under Article 227 of the Constitution of India seeking direction to the Additional District Judge-II, Darbhanga to dispose off Title Appeal No. 52 of 2010 filed by the petitioner.

Learned counsel for the petitioner submitted that in the

Patna High Court CWJC No.11138 of 2015 dt.21-12-2016 2/2 said case he, being the appellant, has concluded his arguments but because of delaying tactics of the respondents no. 2 to 5, who are the respondents, the matter is not being disposed off causing prejudice to the right and interest of the petitioner and only dates are being fixed and the matter is being adjourned.

In view of the order which the Court proposes to pass, it is not deemed necessary to issue notice to the respondents no. 2 to 5. Accordingly, the writ petition stands disposed off with a direction to the Appellate Court, before which Title Appeal No. 52 of 2010 is pending in the Civil Courts at Darbhanga, to dispose off the appeal within two months from the date a copy of this order is produced before it.

It goes without saying that the same shall be done after giving due opportunity of hearing to the respondents no. 2 to 5 but the time limit fixed by the Court be strictly adhered to. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR U