Kamal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11631 of 1999 ====================================================== Kamal Singh ... ... Petitioner/s

Versus

The State Of Bihar & Ors.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6775 of 2000 ====================================================== Panna Lal Sah & Ors ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 11631 of 1999) For the Petitioner/s :

Mr. Sanjay Prasad 1 For the State :

GP-5 For the Respondent No.4: Mr. B.K. Shukla, Adv. Mr. Amaresh Kumar Sinha, Adv.

Nagadeo Choubey, Adv.

(In Civil Writ Jurisdiction Case No. 6775 of 2000) For the Petitioner :

Mr. B. K. Shukla, Adv.

Mr. Amresh Kumar Sinha, Adv.

For the Respondents :

GP-7 Mr. Prateek Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-10-2022 Heard the parties.

Shri B.K. Shukla learned counsel for the respondent no.4 in CWJC No.11631 of 1999 and for the petitioner in CWJC No. 6775 of 2000 submits that Title Suit

Patna High Court CWJC No.11631 of 1999(4) dt.20-10-2022 2/3 No.146 of 2015 and Title Suit No.406 of 2006 are pending in the Court of Sub-ordinate Judge, Vaishali at Hajipur. He further submits that consolidation proceedings are not a bar to the continuation of Title Suit and its decision.

Learned counsel for the petitioner in CWJC No. CWJC No.11631 of 1999 and respondent in CWJC No. 6775 of 2000 submits that he has not been able to contact his client but he does not deny the fact that both the Title Suits are pending in the Court below.

In the opinion of this Court, no useful purpose will be served to allow the petitioner of CWJC No. 11631 of 1999 to get instructions from his client. Once the petitioner has executed Vakalatnama in favour of his lawyer, he is not required to take instruction again and again when the facts are clear in the case. In these circumstances, the Sub-ordinate Judge, Vaishali at Hajipur, who is hearing both the Title Suits, is directed to decide the Title Suit No.146 of 2015 and Title Suit No.406 of 2006 within a period of six months from the date of receipt/production of a copy of this order as both the Title Suits have been filed long ago for the disputed land. If any of the party does not co-operate in the disposal of the Title Suits then the Court below will proceed ex parte.

Patna High Court CWJC No.11631 of 1999(4) dt.20-10-2022 3/3 With the aforesaid observations and directions, this writ petitions stand disposed of.

(Sandeep Kumar, J) Guddu/PawanU