Shashi Raj Sinha v. Md. Javed

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.621 of 2025 ====================================================== Shashi Raj Sinha Son of Late Rajeshwar Prasad Sinha, R/o Building Pram R.K. Bhattacharya Road, Patna-800001.

... ... Petitioner/s

Versus

1.

Md. Javed S/o Late Md. Saeed, R/o Mohalla- Dhaki Kucha, P.S.- Khajekalan, Patna City, Patna (Proprietor of M/s. Fitness Tailor, Building Pram, R.K. Bhattacharya Road, Patna-800001. (Judgment Debtor) 2.

The Learned Court of Munsif-III, (The Learned Executing Court), Civil Court, Patna Sadar, Patna through the Registrar of Civil Court, Patna Sadar, Patna.

3.

The Executive Magistrate, Patna Sadar, Patna. 4.

The Nazir of Nazarat, Civil Court, Patna.

5.

S.S.P, Patna Sadar, Patna.

6.

D.S.P., Patna Sadar, Patna.

7.

The S.H.O. P.S.- Gandhi Maidan, Patna.

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

For the Petitioner/s :

Mr.Ravi Shankar, Advocate For the State :

Mr. Uday Bhan Singh, AC to GP-19 For the Respondent Nos. 2 & 4: Ms. Surya Nilambari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2025 Record taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of respondent nos. 2 and 4 and learned counsel for the State.

3. The petitioner has approached this Court seeking direction to the learned executing court to execute decree passed in Eviction Suit No. 79 of 2015 at the earliest with further

Patna High Court C.Misc. No.621 of 2025(2) dt.16-05-2025 2/2 prayer to direct to learned executing court to dispose of the Execution Case No. 33 of 2024 in terms of the direction issued by Hon'ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., reported in (2021) 6 SCC 418.

4. Since the petitioner has approached this Court with limited prayer for early disposal of his execution case, I think there is no need to issue notice to the respondents.

5. Having regard to the facts and circumstances of the case, learned Munsif-III, Patna Sadar, Patna is directed to dispose of the Execution Case No. 33 of 2024 at the earliest and in terms of the directions issued by the Hon'ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., (supra).

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

(Arun Kumar Jha, J) DKS/- U