Rajniti Prasad Singh @ Manohar Singh v. Md. Saleem Quraishi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.489 of 2024 ====================================================== Rajniti Prasad Singh @ Manohar Singh Son of Late Ghanshyam Singh, Resident of Mohalla Lohiya Nagar, NC/1 P.S- Kankarbagh, P.O. Lohiya Nagar, District- Patna.

... ... Petitioner/s

Versus

Md. Saleem Quraishi Son of Md. Subhan Quraishi Resident of Mohalla Langartoli, P.S. Kadam kuan, P.O. Bankipore, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-08-2024 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 Miscellaneous Petition has been filed seeking direction to the learned Sub-Judge-X, Patna to dispose of Eviction Suit No. 114 of 2017 expeditiously and preferably within a certain time limit. Learned counsel further submits that since the filing of the eviction suit in 2017 issues are yet to be framed though the written statement has been filed on 27.02.2018 and even the documents of the defendants have been filed on 17.07.2018. Even then the learned trial court has not taken steps to settle the issue and take up the matter for its disposal. The eviction suit

Patna High Court C.Misc. No.489 of 2024(2) dt.01-08-2024 2/2 has been filed on the ground of personal necessity as well as default on payment of rent. The whole purpose of filing of eviction suit gets frustrated if the matter is not taken up for disposal and kept pending for so many years.

4. Since the petitioner has come before this Court with limited prayer for expeditious disposal of the eviction suit which is pending since 2017, I do not think there is any need to issue notice to the respondent.

5. Having regard to the facts and circumstances, learned Sub-Judge-X, Patna is directed to take up the matter of Eviction Suit No. 114 of 2017 showing some urgency and considering the purpose and intent of Bihar Buildings (Lease, Rent & Eviction) Control Act. The learned trial court is further directed to proceed to frame issues and try to dispose of the matter at the earliest preferably within nine months from the date of receipt/production of a copy of this order.

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

(Arun Kumar Jha, J) DKS/- U