Izzat Ara v. Sri Anwar Imam

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.714 of 2024 ====================================================== Izzat Ara Wife of Late Zainul Abdin Resident of Mohalla- Anishabad, Post Office- Anishabad, Police Station- Gardanibagh, District- Patna, At present Izzat Manjil, Resident of Mohalla- Sultanganj, Pathar Ki Masjid, Post OfficeMahendru, Police Station- Sultanganj, Patna, District- Patna. ... ... Petitioner/s

Versus

Sri Anwar Imam Son of Matiul Rahman Proprietor of Janta Hardware, C/o Izzat Manzil, Resident of Mohalla- Mandai Pathar Ki Masjid, Police StationSultanganj, Post Office- Mahendru, District- Patna, at present Lahariaghat, Police Station- Alamganj, Post Office- Mahendru, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-08-2024 The matter has been listed on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. Learned counsel for the petitioner submits that the petitioner has approached this Court only for early disposal of Title Eviction Suit No. 08 of 2010 pending in the court of learned Sub Judge- 1st, Patna City. The petitioner is a widow, aged 70 years and has been suffering from several age related ailment. The petitioner has filed the eviction suit on the ground of personal necessity. The matter is pending at the stage of evidence of defendant since 2019 and the learned trial court has not been taking interest in disposal of the eviction suit. The

Patna High Court C.Misc. No.714 of 2024(2) dt.13-08-2024 2/2 petitioner is on the verge of starvation and defendant wants to grab the property of the petitioner and has not been paying rent or electricity bill. The defendant wants to keep the suit pending for indefinite period and has been causing inordinate delay only to harass the petitioner.

4. Since the petitioner has come before this Court with limited prayer for early disposal of the Title Eviction Suit No. 08 of 2010, I do not think there is any need to issue notice to the respondent.

5. Considering the antiquity of the eviction suit filed on personal necessity, the learned Sub Judge - 1st, Patna City is directed to take up Title Eviction Suit No. 08 of 2010 for expeditious disposal and dispose of the same as early as possibly, preferably, within a period of six months from the date of receipt/production of a copy of this order without giving unnecessary adjournments to either of the party.

6. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U