Manoj Kumar v. Nitin Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.735 of 2025 ====================================================== 1.

Manoj Kumar Son of Late Nageshwar Prasad Singh, Resident of VillageRandaha, P.S.- Rajapakar, District- Vaishali. 2.

Rajeev Kumar, Son of Late Nageshwar Prasad Singh, Resident of VillageRandaha, P.S.- Rajapakar, District- Vaishali. ... ... Petitioner/s

Versus

1.

Nitin Kumar Son of Late Nageshwar Prasad Singh, a resident of VillageRandaha, P.S.- Rajapakar, District- Vaishali. 2.

Smt. Seema Kumari, Wife of Nitin Kumar, D/o- Sri Jaleshwar Prasad Singh, a resident of Village- Rahimpur P.S.- Biddupur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 04-07-2025 The record taken up on mentioning being made on behalf of the petitioners.

2. As prayed, learned counsel for the petitioners is permitted to make necessary correction in paragraph 1 (i) of the present petition in course of the day.

3. Heard learned counsel for the petitioners.

4. The petitioners have approached this Court seeking direction to the learned Sub Judge-XII, Vaishali at Hajipur to dispose of the petition dated 26.11.2019, filed in Title Suit No. 379/2008, by the petitioners under Order 1 Rule 10 (2) of the Code of Civil Procedure.

Patna High Court C.Misc. No.735 of 2025 dt.04-07-2025 2/3

5. The learned counsel for the petitioners submits that though the said application has been filed in the year 2019, but the learned trial court has not been taking up the said application for disposal and the rights of the petitioners are infringed. The learned counsel further submits that appearance in the title suit is complete.

6. Since the petitioners have approached this Court with limited prayer seeking early disposal of the aforesaid petition dated 26.11.2019, I find it very unfortunate that such an application has been kept pending for so many years.

7. Accordingly, without issuance of notice to the other side, this Court directs the learned Sub Judge-XII, Vaishali at Hajipur to dispose of the aforesaid petition dated 26.11.2019 filed by the petitioners under Order 1 Rule 10 (2) of the Code of Civil Procedure in Title Suit No. 379 of 2008 on its merits and in accordance with law at the earliest and preferably within a period of two months from the date of receipt/production of a copy of this order.

8. The parties are also directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.

9. With the aforementioned observations and

Patna High Court C.Misc. No.735 of 2025 dt.04-07-2025 3/3 directions, the instant petition stands disposed of. (Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.07.2025 Transmission Date NA