Deepak Kumar Choudhary And ANR v. Naresh Prasad And ANR

Patna High Court CWJC No.5668 of 2013 (5) dt.11-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5668 of 2013 ======================================================

1. Deepak Kumar Choudhary Son Of Subash Choudhary Resident Of Village- Hathiyakand Sarai, P.S.- Maner, District- Patna

2. Raj Kumar Choudhary Son Of Subash Choudhary Resident Of VillageHathiyakand Sarai, P.S.- Maner, District- Patna .... .... Petitioner/s

Versus

1. Naresh Prasad S/O Late Murat Prasad Resident Of Village Hathiyakand Sarai, P.S.- Maner, District- Patna

2. Subash Choudhary S/O Late Bhowchand Choudhary Resident Of Village- Hathiyakand Sarai, P.S.- Maner, District- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Bhushan Sinha, Advocate For the Respondent No.1 : Mr. Satyendra Pandey, Advocate For the Respondnet No.2 : Mr. Baban Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-03-2016 Heard learned counsel for the petitioners as well as learned counsel for the respondents no.1 and 2. The suit for Specific Performance of Contract Act has been launched at the end of Respondent No.1 against Respondent No.2 who happens to be father of petitioners, bearing Title Suit No. 127/09 wherein apart from others, relief no.3 discloses " That in case, the court be unable to grant the above reliefs then a decree for sum of Rs. 40,000/- forty thousand) with interest @ 12% per annum be passed in favour of plaintiff against the defendant", which is found maintainable in terms of Section 20 of The Specific Relief Act, 1963.

At the present moment, learned counsel for the

Patna High Court CWJC No.5668 of 2013 (5) dt.11-03-2016 Respondent No.2 has submitted that he is ready to return back the amount along with interest so identified by the nationalized bank within eight weeks in order to avoid litigation. That being so, without adverting to adjudge the order impugned, the learned lower court is directed to take proper steps in light of admission at the end of Respondent No.2/sole defendant before the learned lower court coupled with the relief so sought for at the end of Respondent no.1/plaintiff which learned counsel for Respondent no.1/plaintiff also endorsed.

The instant petition is disposed of in terms thereof. (Aditya Kumar Trivedi, J) perwez U