Patna High CourtCWJC/7883/2013disposed

Rabindra Kumar Chaudhary And ANR v. Shri Narendra Kumar Chaudhary

2016-04-28Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court CWJC No.7883 of 2013 (9) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7883 of 2013 In C.R. 938 of 2009 ====================================================== Rabindra Kumar Chaudhary & Anr .... .... Petitioner/s

Versus

Shri Narendra Kumar Chaudhary .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambastha -Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2016 Heard learned counsel for the petitioners.

Gone through the order impugned.

The instant Title Suit happens to be of the year 2000 and is being cared in a lethargic manner. On a trivial issue, granting ad interim injunction by the learned lower court, the matter sailed up to this stage covering approximately 15 years. Therefore, the learned lower court is directed to expedite the trial and conclude the suit within six months and for that, respective parties are also directed to co-operate.

In case of failure on the part of the plaintiff to cooperate with, the court in getting the suit disposed of within six months, the ad interim injunction granted by order dated 12.04.2001 would be recalled by the learned lower court and in likewise manner, in case, there happens to be failure on the part of

Patna High Court CWJC No.7883 of 2013 (9) dt.28-04-2016 the defendant, then in that event, the ad interim injunction will continue till the disposal of the case.

With the aforesaid observation, the instant petition is disposed of.

The District & Sessions Judge, Darbhanga will properly keep vigilance and procure report from the learned lower court time to time over development under the guise of direction so given hereinabove.

Office to communicate upon the learned lower court as well as upon the District & Sessions Judge, Darbhanga for strict compliance of the instant order.

(Aditya Kumar Trivedi, J) perwez U