Patna High CourtCWJC/10696/2010rejected

Jaleshwar Rai v. Ranjeet Singh And ORS

2016-08-12Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10696 of 2010 ====================================================== Jaleshwar Rai .... .... Petitioner

Versus

Ranjeet Singh & Ors.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Mahesh Narayan Parbat Mr. Ved Prakash Srivastava For the Respondents : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Gone through the order impugned.

The dispute happens to be amongst landlord and tenants. Respondents/ tenants appeared and filed an affidavit to permit them to contest the suit but the same was rejected at an earlier stage on account of being not placed. Petitioner was directed to file relevant order sheet to suggest whether the Court had ever directed the tenants to move their petition or in routine manner, dates were granted. Petitioner failed to file aforesaid order sheet.

For getting the dispute conclusively decided, presence of tenants is necessary on the point of delay, as claimed, is not going to give any advantage to the petitioner, when the

Patna High Court CWJC No.10696 of 2010 (3) dt.12-08-2016 2/2 matter at the present stage is itself pending for more than six years. Had there been proper effort at the end of the parties, the dispute might have been decided during the intervening period. Moreover, after going through the order impugned, the same is not at all found adverse too, more in the background that petitioner had already been duly compensated.

Accordingly, the instant petition is rejected directing the opposite parties to be sincere and careful and further asking the learned Lower Court to dispose of the instant petition within the shortest possible period without granting undue adjournment to any of the party. The stay so granted, vide order dated 18.08.2010 by a co-ordinate Bench of this Court, is hereby vacated.

(Aditya Kumar Trivedi, J.) rinkee/- U