Pragya Garg v. The Syndicate Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17272 of 2014 ====================================================== Pragya Garg W/o Raghwendra Kumar Garg, D/o Shri Ratneshwar Prasad Singh Resident of Village Raghauli, P.S. Kamtaul, District Madhubani. ... ... Petitioner/s

Versus

1.

The Syndicate Bank 2.

Sri Sidharth Kishore S/o Ratneshwar Prasad Singh 3.

Sri Amitabh Kishore S/o Ratneshwar Prasad Singh 4.

Sri Ratneshwar Prasad Singh S/o Late Nand Kishore Prasad Singh 5.

Smt. Sheela Devi W/o Sri Ratneshwar Prasad Singh All Resident of Village and Post Gangapur, P.S. Mushri Gharari, District Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilanjan Chatterjee, Advocate Mr. Raushan, Advocate Mr. Sahil Kumar, Advocate For the Respondent/s :

Mr.Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2024 The present writ petition has been filed seeking the following reliefs:- "1.[i] For issuance of necessary direction to the learned Court below to dispose of the petition filed on 09.09.2011 under Order 39,Rule 1 & Section 151 of the Code of Civil Procedure, 1908, in T.P.S. No. 134/11 & lying pending since then without any development and to dispose of pending application of injunction & the respondents be restrained from taking any action i.e. sale, transfer, alienation etc. of the scheduled mortgaged land till the pendency of T.P.S. No. 134/11;

[ii] For disposal of T.P.S. No. 134/11 on day to day basis within a time frame fixed by the Hon'ble Court;

Patna High Court CWJC No.17272 of 2014(3) dt.22-08-2024 2/2 [iii] For necessary direction to the respondents to restrain from transferring, alienating or changing the status of mortgaged land in question."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Court of Sub Judge-I, Samastipur for the purposes of filing appropriate petition for expediting the proceedings of the pending Title (Partition) Suit No. 134 of 2011, however, seeks a direction upon the learned Trial Court to consider the same sympathetically. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate petition is filed by the petitioner for expediting the proceedings of the aforesaid suit, the learned Trial Court shall consider the same sympathetically.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U