Chandra Shekhar Choudhary And ORS v. Uttam Kumar Sarsahay And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3247 of 2011 ====================================================== 1.

Chandra Shekhar Choudhary, Son of Sri Girish Prasad Choudhary 2.

Shyam Kumar Choudhary, Son of Sri Girish Pd. Choudhary Petitioner Nos. 1 and 2 are resident of Mohalla- Gandhi Nagar, P.S. and P.O. Kahalgaon, District- Bhagalpur.

3.

Smt. Gita Devi, Wife of Ganesh Jaiswal, Resident of Godda, P.S. and P.O. Godda, District- Godda.

4.

Smt. Pushpa Jaiswal, Wife of Kumud Jaiswal, Resident of Swai Madhopur, District- Swai, Madhopur, Rajasthan.

5.

Smt. Sobha Bhagat, Wife of Dilip Bhagat, Resident o Baimchi, DistrictHugli, West Bengal. 6.

Smt. Asha Devi, Wife of Ganesh Choudhary, Resident of Supoul, P.S. and P.O. Supoul, District- Supoul.

... ... Petitioner/s

Versus

1.a. Uttam Kumar Sarsahay 1.b. Amar Kumar Sarsahay Both Son of late Ved Vyas Sarsahay, Both are Residents of Sikargarh Tola, P.S. Kahalgaon, P.O. Kahalgaon, District- Bhagalpur, PIN- 813203 2.

Anup Kumar Khetan 3.

Anil Kumar Khetan Both Sons of late Gauri Shankar Khetan Both Residents of Mohalla- Gandhi Nagar, P.S. Kahalgaon, DistrictBhagalpur, At Present Residents of Chittaranjan Avenue, Kolkata- 72 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Chandra Sinha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-04-2019 Having regard to the fact that the matter is pending for the last eight years, the Court does not feel persuaded to interfere with the order dated 22.01.2010 passed in T.S. No. 129 of 2000, as prima facie the Court is of the view that the opportunity granted by the court below vide order dated

Patna High Court CWJC No.3247 of 2011(7) dt.15-04-2019 2/2 22.01.2010 is not going to cause prejudice, as the parties have liberty to cross-examine the witnesses in the pending suit. Under the aforesaid circumstance, the writ application is disposed of with a direction to the court below to expedite the hearing of the case and conclude the same at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) uday/- U