Ramjee Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.8168 of 2012 (3) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8168 of 2012 ====================================================== Ramjee Singh son of Mungeshwar Singh R/o village Kaush, Police Station Baroon, Dist. Aurangabad .... .... Plaintiff- Petitioner

Versus

1 The State of Bihar 2 Aiyasha Khatoon, wife of Ishak Ansari R/o village & Post office Jogia police station Baroon, Dist. Aurangabad.

3 Deoragi Kuer, wife of late Premchand Mistry. 4 Nagendra Sharma.

5 Vogendra Sharma.

6 Mahesh Sharma 7 Akhilesh Sharma Opp. party nos.4 to 7 all are sons of late Nagi Premchand Mistry Opp. parties nos. 2 to 7 all are residents of village Jankopa P.O. Jogia P.S. Baroon, Dist. Aurangabad.

.... .... Defendants/ Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Prasad I For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-02-2016 Heard Mr. D.P.Gupta in support of the application. The plaintiff is the petitioner who challenges the order dated 08-07-2009 passed by the learned Additional Munsif6, Aurangabad in Title suit no. 65 of 2000. While the case was posted for evidence of the plaintiff an application (Annexure-1) was filed by the plaintiff to mark the sale deed dated 21.11.1998 as Exhibit.

A rejoinder was filed by the defendant-respondent. When the case was posted for hearing of the matter,

Patna High Court CWJC No.8168 of 2012 (3) dt.03-02-2016 the plaintiff defaulted in appearing. The learned trial Court considered the said application and having found that the execution of the sale deed was seriously disputed by the defendants and that the copy of the sale deed was not enclosed with the plaint available on records, rejected the said application. That apart, it appears the order was passed in 2009 whereas the writ petition was filed on 23.4.2012 wherein no interim order was passed. This Court is not aware about the status of the case . Finding no patent illegality in the said order passed by the learned Trial Court, this Court is not inclined to grant the application. It is, accordingly, dismissed. The order shall be communicated to the Trial Court for expeditious disposal of the suit, if not already disposed of.

(Kishore Kumar Mandal, J) Shyam/- U