← Library
Patna High CourtC.Misc./414/2023allowed

Samta Jha v. Smt. Chanda Devi

2023-09-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.414 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.

Smt. Chanda Devi Wife of Sri Indradeo Prasad Resident of Mohalla Kishorilal chawk, Ward No. 9, Town and P.S. Madhubani, DistrictMadhubani. 2.

Marakshi Devi W/O Late Ramdeo Prasad Resident of Mohalla Kishori Lal Chawk, Town and P.S. Madhubani, District- Madhubani. 3.

Pramod Kumar Son of Late Ram De Prasad Resident of Mohalla Kishori Lal Chawk, Town and P.S. Madhubani District Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. M.N. Jha Mr. Satyendra Pd.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-09-2023 Heard the learned counsel for the petitioners.

2. This application has been filed on behalf of the petitioner by which the petitioner prays for a direction to learned Sub-Judge I, Madhubani for expeditious disposal of the Title Suit No. 223 of 2011.

3. Learned senior counsel for the petitioner Shri M.N. Jha has submitted that the title suit is of the year 2011 and the petitioner is the defendant.

4. In view of the above, this application is allowed with a direction to the Sub Judge VI, Madhubani to decide the

Patna High Court C.Misc. No.414 of 2023(2) dt.15-09-2023 2/2 aforesaid title suit within a year from the date of receipt/communication of a copy of this order and file a compliance report in this Court.

5. The Sub-Judge, VI, Madhubani is also directed to proceed in the case against the non-cooperating party and he will not give any adjournment on flimsy grounds.

6. The further proceedings can only be stayed by the High Court and mere filing of any application in High Court will not result in automatic stay of the Suit.

7. Let a copy of this order be communicated to the District Judge, Madhubani through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U