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Patna High CourtC.Misc./400/2023allowed

Samta Jha v. The State Of Bihar

2023-09-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.400 of 2023 ====================================================== 1.

Samta Jha W/o Sri Upendra Mishra, Resident of Village-Sapta, ToleDhanukhi, P.S. Rahika, District Madhubani. 2.

Kailash Bhardwaj, Son of Late Shaktinath Jha, Mohalla Suratganj, P.S. Madhubani, Town and District Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Smt. Chanda Devi, Wife of Sri Indradeo Prasad, Resident of Mohalla KishoriLal Chawk, Ward No. 9, Town and P.S. Madhubani, DistrictMadhubani. 3.

Marakshi Devi, W/o Late Ramdeo Prasad resident of Mohalla Kishori Lal Chawk, Town and P.S. Madhubani, District-Madhubani. 4.

Pramod Kumar, son of Late Ram Deo Prasad, resident of Mohalla Kishori Lal Chawk, Town and P.S. Madhubani, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary For the Respondent/s :

Mr.Uday Shankar Sharan Singh ( Gp 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-09-2023 Heard the parties.

2. This application has been filed for directing the learned Sub-Judge I, Madhubani to hold trial and dispose of the Partition Suit No. 157 of 2002 expeditiously, which is pending in the court below for last 21 years.

3. The limited prayer of the petitioners are that the court below be directed to dispose of the suit which is of the year 2002. This prayer of the petitioners have not been opposed by the learned counsel appearing for the respondents.

Patna High Court C.Misc. No.400 of 2023(2) dt.19-09-2023 2/2

4. This application is disposed of with a direction to the concerned Sub Judge, Madhubani to dispose of the suit within a year of communication of this order and without giving unnecessary adjournments to either of the party. He will proceed ex-parte against non-cooperating party. The concerned Sub Judge, Madhubani will file a compliance report to this Court. (Sandeep Kumar, J) Ranjeet/- U