Pratyush Kumar v. Sarvanand Sinha And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.321 of 2014 ====================================================== Pratyush Kumar Son of Nripendra Kumar Sinha R/o Village and P.O.- Sakraicha, P.s. Parsa Bazar, District-Patna at present resident at Mohalla-P.c. Colony, D/101, Kankarbagh, P.S. Kankarbagh, District Patna ... ... Appellant

Versus

2.

Upendra Kumar Sinha Son of Sarvanand Sinha 3.

Nripendra Kumar Sinha Son of Sarvanand Sinha 4.

Hemendre Kumar Son of Sarvanand Sinha 5.

Simple Kumari D/o Upendra Kumar Sinha 6.

Ekta Kumari D/o Upendra Kumar Sinha 7.

Rahul Kumar Son of Upendra Kumar Sinha 8.

Smt Renu Sinha Wife of Nripendra Kumar Sinha 9.

Tanvi Sinha D/o Nripendra Kumar Sinha 10.

Ayush Abhishek Minor S/o Hemendra Kumar, under the guardianship of their father the natural guardian who has no interest 11.

Akshita Kumari Minor D/oHemendra Kumar, under the guardianship of their father the natural guardian who has no interest a All R/o Village and P.O.-Sakraicha, P.S. Parsa Bazar, District Patna, at present residing at Mohalla P.C. Colony, D/101, Kankarbagh, P.s. Kankarbagh, District Patna ... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Shailendra Kumar Bhartee, Advocate For the Respondent nos. 2 :

Mr. Dhirendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-07-2023 Learned counsel for the appellant has filed reply to the counter affidavit filed on behalf of the respondent no. 2 in Court, which is accepted.

2. The present Miscellaneous Appeal has been filed against the rejection of injunction petition passed by learned Sub Judge-X, Patna vide order dated 10.03.2014 in Title

Patna High Court MA No.321 of 2014(12) dt.04-07-2023 2/2 Partition Suit No. 251 of 2011.

3. Learned counsel for the appellant submits that he does not want to press this miscellaneous appeal on merit and prays that a direction be given to the concerned lower court to decide the partition suit within a reasonable time. It is further submitted that the evidences of the witnesses have already been started.

4. Learned counsel for the respondents has no objection with regard to early disposal of the Title Partition Suit No. 251 of 2011.

5. Considering the aforesaid facts and circumstances, this Miscellaneous Appeal is dismissed as withdrawn with a direction to concerned lower court to conclude the trial of Title Partition Suit No. 251 of 2011 and decide the suit within a period of one year from the date of receipt / production of a copy of this order.

(Khatim Reza, J) Gaurav Kumar/- U