Smt. Shiv Kumari Devi v. Mostt. Sakli Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.645 of 2010 =========================================================== Smt. Shiv Kumari Devi, Wife of Sri Shiv Chandra Rai, R/o Village Basauli, Tole - Molama, P.O. - Basauli, P.S. - Kurhani, District - Muzaffarpur. ........Defendant-Appellant

Versus

Mostt. Sakli Devi, Wife of Late Sukdeo Rai, R/o Village - Basauli, Tola - Molama, P.O. - Basauli, P.S. - Kudhani, District - Muzaffarpur. ........Plaintiff-Respondent =========================================================== Appearance :

For the Appellant : Mr. Manoj Kumar Manoj, Advocate For the Respondent : None =========================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 11-03-2015 This file is brought under the heading "For Hearing Under Order XLI Rule 11 CPC".

2. Heard learned counsel appearing on behalf of the appellant. None turned up on behalf of the respondent on calls.

3. This is an appeal preferred against the order dated 5th May, 2010 passed in Title Suit No. 457 of 2008 by learned Sub-Judge - VII, Muzaffarpur, who refused the prayer made on behalf of defendant-appellant seeking ad interim injunction against the complainant-respondent

Patna High Court MA No.645 of 2010 dt.11-03-2015 restraining from executing any sale-deed and maintaining status quo.

4. Almost five years have already been lapsed and, as submitted, suit is still at the initial stage. Such type of slow progress cannot be appreciated.

5. The court below is directed to proceed expeditiously and decide the suit at the earliest. In the event, either of the side fails to cooperate in early disposal; the court below must not hesitate in proceeding against the parties in accordance with the law.

6. With the above observations and directions to the court below, without any adjudication on merit, the appeal stands disposed of.

(Akhilesh Chandra, J) Praveen-II/- U