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Patna High CourtCWJC/8173/2013disposed

Most. Smt. Maya Verma v. Sri Subodh Raj

2015-05-15Mr. Justice V. Nath3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8173 of 2013 ====================================================== Most. Smt. Maya Verma W/O Late Dr. Mahesh Chandra Prasad Verma R/O Pushpanjali Maya Mahesh Apartment, Boring Road, House Next To Jamuna Apartment, Police Station- Sri Krishnapuri, District And Town - Patna .... .... Petitioner/s

Versus

Sri Subodh Raj S/O Sri Rajendra Prasad Singh Prop. Of M/S Subodh Musical Grou, In The House Of Smt. Maya Varma, At Mohalla- Boring Road, House Next To Jamuna Apartment, Police Station- Sri Krishnapuri, District And Town- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT 15-05-2015 This matter has been placed under the heading 'To Be Mentioned' at the instance of the petitioner. The interlocutory application (I.A. No. 3356 of 2013) praying for substitution of the sole petitioner stating that the he died on 05.04.2013 leaving behind her heirs and legal representatives as mentioned in paragraph-4 of this application is allowed and those heirs and legal representatives of the deceased sole petitioner are substituted in her place after expunging her

Patna High Court CWJC No.8173 of 2013 (3) dt.15-05-2015 name from the writ application.

The learned counsel for the petitioner has submitted that his prayer is confined only for a direction to the learned court below for disposal of the pending Eviction Suit No. 12 of 2010 which has been filed seeking eviction of the defendant on the ground of personal necessity alone. It has also been submitted by the learned counsel that the delay is being caused due to dilatory tactics adopted by the defendant and not attributable to the plaintiff-petitioner.

After considering the submissions and in view of the limited prayer of the learned counsel for the petitioner, this writ application is disposed of with direction to the learned court below to expeditiously dispose of the eviction suit which has been filed for eviction of the defendant on the ground of personal necessity alone under the special procedure of Section 14 of the Bihar Buildings ( Lease, Rent and Eviction) Control Act. Further, the learned court below is also directed to avoid granting unnecessary adjournments in view of the nature of the suit.

In view of the nature of the order which has been passed, this Court is satisfied that there is no need to hear the respondent.

Patna High Court CWJC No.8173 of 2013 (3) dt.15-05-2015 This writ application is, accordingly, disposed of with aforesaid direction.

(V. Nath, J) Devendra/- U