Sachindra Kumar Azad v. Mahendra Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.502 of 2022 ====================================================== Sachindra Kumar Azad Son of Late Raja Singh, resident of Village-Mokama, Moldiyar Tola, Police Station-Mokama and District-Patna. ... ... Petitioner/s

Versus

1.

Mahendra Singh son of Late Chandrika Singh, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 2.

Veena Devi, Wife of Arbind Azad, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 3.

Arbind Azad, Son of Late Raja Singh, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 4.

Lalan Singh, Son of Late Man Laggu Singh, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 5.

Sadan Singh, son of Late Man Laggu Singh, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 6.

Madan Singh, son of Late Man Laggu Singh, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 7.

Vijay Singh, Son of Late Man Laggu Singh, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 8.

Nanha Aalam, son of Late Lukman, resident of Village-Mokama, Moldiyar Tola, Post and Police Station-Mokama and District-Patna. 9.

Mamuna Begam, Wife of Mansoor Alam, resident of Village-Lakhanchand, Post and Police Station-Mokama and District-Patna. 10.

Hasmuna Nisha Wife of Late Yakub, resident of Village-Lakhanchand, Post and Police Station-Mokama and District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2022 Heard Mr. Manish Kumar No. 2, learned counsel for the petitioner.

Petitioner is the defendant in a suit filed by the respondent No. 1 for declaration of title and recovery of possession.

Patna High Court C.Misc. No.502 of 2022(2) dt.10-11-2022 2/2 Learned counsel for the petitioner submits that suit was filed in the year 2012 and the evidence of plaintiff's witnesses has already been closed. According to the petitioner, seven witnesses on behalf of the defendants have also been examined, but for an order upon a petition filed by the plaintiff for appointment of Advocate Commissioner on 19.8.2015, the suit is continuing without any substantial progress awaiting hearing on the aforesaid petition dated 19.8.2015. Accordingly, the limited prayer of the petitioner is to issue a direction to the learned Trial Court for expeditious disposal of the suit.

Taking into consideration the submission made by the learned counsel for the petitioner, the fact that the evidence of plaintiff's witness has already been closed, seven witnesses on behalf of the defendants have been examined and the suit was filed about ten years back, the learned Trial Court is directed to dispose of the suit expeditiously as early as possible. It is made clear that unnecessary adjournment to either of the parties shall not be granted.

Accordingly, this application stands disposed of. (Anil Kumar Sinha, J) S.Ali/- U