Patna High CourtC.Misc./507/2022allowed

Shambhu Nath Jha v. Md. Ahsanuddin

2023-10-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.507 of 2022 ====================================================== Shambhu Nath Jha son of Anant Prasad Jha, resident of Urdu Bazar Lane, Durga Asthan, P.S. - Jagdishpur, District - Bhagalpur, at present working as Professor Incharge, Inter Mahila Mahavidyalay, Mohalla - Quazi Wali Chak, P.S. - Kotwali, District - Bhagalpur.

... ... Petitioner/s

Versus

Md. Ahsanuddin son of Late Syed Zameer Uddin, resident of village - Chakendra, P.S. - Ariari, District - Sheikhpura, presently residing at B/66, Kankarbagh Colony, P.S. - Kankarbagh, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Respondent/s :

Mr. Md. Harun Quareshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned counsel for the respondent.

2. The present application has been filed for quashing the order 07.04.2022 passed by the learned Sub-Judge-XII, Bhagalpur in Title Eviction Suit No. 1 of 2013 by which the learned Judge has rejected the application of the petitioner.

3. With the consent of the parties, this application is allowed. The impugned order dated 07.04.2022 passed by the learned Sub-Judge-XII, Bhagalpur in Title Eviction Suit No. 1 of 2013 is hereby quashed.

4. The Court below is directed to proceed in the eviction suit in accordance with law. Further, it has been submitted by learned counsel for the respondent-plaintiff that

Patna High Court C.Misc. No.507 of 2022(6) dt.31-10-2023 2/2 the evidence of the plaintiff has been closed.

5. Learned counsel for the petitioner is directed to lead his evidence within three months of the receipt/communication of this order and thereafter, eviction suit shall be decided in accordance with law.

6. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) P. Kumar U