Mosmat Sandhya Devi v. Pratima Gupta

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.680 of 2024 ====================================================== Mosmat Sandhya Devi Wife Of Late Jagannath Singh Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar. ... ... Petitioner/s

Versus

1.

Pratima Gupta wife of Late Krishna Kumar Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar.

2.

Anmol Kumar Son of Krishna Kumar Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar.

3.

Jai Prakash Gupta Son of Late Vishwanath Sah Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar.

4.

Vijay Kumar Gupta Son of Late Vishwanath Sah Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar.

5.

Sanni Kumar Son of Vijay Kumar Gupta Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar.

6.

Dipak Kumar Son of Jai Prakash Gupta Resident Of Mahua Singh Rai, P.S.- Mahua, Dist- Vaishali, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-08-2024 The matter has been listed on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. Learned counsel for the petitioner submits that the present petition has been filed seeking direction to the learned Munsif-II, Hajipur, Vaishali for early disposal of Eviction Suit No. 03 of 2018. Learned counsel further submits respondents

Patna High Court C.Misc. No.680 of 2024(2) dt.22-08-2024 2/3 used to pay rent till December, 2015 when the husband of the petitioner was alive and thereafter, they stopped paying rent and petitioner also felt need of the premises due to her personal necessity. The respondents avoided notice of the eviction suit and the petitioner was forced to take recourse to substituted service of notice through publication. Learned counsel further submits that the respondents want to delay the matter and for this reason, they have been seeking adjournment time and again before the learned trial court. Learned counsel further submits that the petitioner is an old and ailing widow lady and she prays before this Court for early disposal of eviction suit so that the same may be decided in her life time.

4. Since the petitioner has come before this Court with limited prayer for expeditious disposal of the eviction suit which is pending since 2018, I do not think there is any need to issue notice to the respondents.

5. Having regard to the facts and circumstances, learned Munsif-II, Hajipur, Vaishali is directed to dispose of the eviction suit which has been filed on the ground of personal necessity at the earliest and preferably within a period of six months from the date of receipt/production of a copy of this order.

Patna High Court C.Misc. No.680 of 2024(2) dt.22-08-2024 3/3

6. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U