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Patna High CourtC.Misc./607/2024disposed

Lalit Upadhyay v. Rama Kant Upadhyay

2024-07-01Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.607 of 2024 ====================================================== Lalit Upadhyay son of Late Balram Upadhyay, resident of village- Jogidih, P.S.- Chandramandih, District- Jamui, At Present Mahabir Nagar, Road No.- 04, Beur Anisabad, P.S.- Beur, District Patna, Pin Code No.- 800002. ... ... Petitioner/s

Versus

1.

Rama Kant Upadhyay Son of Late Uma Kant Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 2.

Bijay Kant Upadhyay, Son of Late Uma Kant Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 3.

Shiv Shankar Upadhyay, Son of Late Balram Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 4.

Satyendra Upadhyay, S/o Late Nageshwar Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 5.

Rajni Kant Upadhyay, S/o Late Nageshwar Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 6.

Dinkar Upadhyay, Son of Late Parmanand Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 7.

Diwakar Upadhyay, Son of Late Parmanand Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 8.

Sudhakar Upadhyay, Son of Late Parmanand Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 9.

Ram Awatar Upadhyay, Son of Late Sukhdeo Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 10.

Lalan Upadhyay, Son of Late Sukhdeo Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 11.

Suwas Upadhyay, Son of Late Sukhdeo Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. 12.

Manoj Upadhyay, Son of Late Sukhdeo Upadhyay resident of villageJogidih, P.S.- Chandramandih, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nand Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2024 The matter has been listed on mentioning being

Patna High Court C.Misc. No.607 of 2024(2) dt.01-07-2024 2/3 made on behalf of the petitioners.

2. Heard learned counsel for the petitioner.

3. Learned counsel for the petitioner submits that the present Miscellaneous Petition has been filed only for a direction to learned District Judge, Jamui to hear and dispose of Civil Misc. Appeal No. 08 of 2022 which has been filed against the order of injunction dated 02.03.2022 passed by learned Sub Judge-I, Jamui in Title Suit No. 147 of 2019. Learned counsel further submits though Civil Misc. Appeal was filed in the year 2022, but no order has been passed and the matter has been kept pending. Learned counsel further submits that the present petition has been filed with limited prayer that the learned Appellate Court may be directed to dispose of the Civil Misc. Appeal within stipulated period.

4. Since the petitioner has come before this Court with limited prayer for expeditious disposal of the Civil Misc. Appeal which is pending since 2022, I do not think there is any need to issue notice to the respondents.

5. Having regard to the facts and circumstances, learned District Judge, Jamui is directed to dispose of Civil Misc. Appeal No. 08 of 2022 within a month from the date of receipt/production of a copy of this order, if the appearance is

Patna High Court C.Misc. No.607 of 2024(2) dt.01-07-2024 3/3 complete in the Misc. Appeal.

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

(Arun Kumar Jha, J) DKS/- U