Patna High CourtCWJC/11667/2014dismissed

Bibi Fekan v. Md. Anwar Ali

2016-08-09Mr. Justice V. Nath2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11667 of 2014 ===========================================================

1. Bibi Fekan, Wife of Hafijullah, Resident of Village- Kaithwali, P.O.+P.S.- Mariwa, District- Siwan, Presently residing at Sheikh Mohalla, Mirchai Sah Ka Takiya, P.O.+P.S.- Siwan, District- Siwan .... .... Petitioner/s

Versus

1. Md. Anwar Ali, Son of Md. Halif, Resident of - Telhatta Bazar, Siwan, P.S.- Siwan, District- Siwan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 09-08-2016 Heard Mr. Ranjeet Kumar, learned counsel appearing on behalf of the petitioner.

After some arguments, learned counsel for the petitioner has confined his prayer for issuance of a direction for expeditious disposal of the Miscellaneous Case No. 48 of 2011 pending before the Sub-Judge 1st Siwan. It has been submitted that the said Miscellaneous Case No. 48 of 2011 has been filed under Order 9 Rule 13 C.P.C for setting aside the ex parte decree passed in title suit. The present application has been filed, when the learned court below has rejected the petition of the petitioner for stay of further proceeding of the Eviction Suit No. 4 of 2010.

Patna High Court CWJC No.11667 of 2014 dt.09-08-2016 After considering the submissions and the perusal of the impugned order, this Court is not inclined to interfere with the impugned order.

The application is, accordingly, dismissed.

However, it is directed that the learned court below of Sub-Judge, 1st, Siwan should expeditiously take up the hearing of Miscellaneous Case No. 48 of 2011 and dispose it of preferably within a period of six months from the date of receipt/production of a copy of this order, in accordance with law. (V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.09.16 Transmission Date N.A.