Ajay Prasad, Advocate v. The Registrar General High Court, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.688 of 2024 ====================================================== Ajay Prasad, Advocate Son of Late Chamru Lal Resident of Satyanarain Building , Exhibition Road, P.S. Gandhi Maidan, Patna- 800001, town and District- Patna.

... ... Petitioner/s

Versus

1.

The Registrar General High Court, Patna Patna. 2.

The Registrar Civil Court, Patna.

3.

M/s. Divya Auto Accessories, represented through Proprietor Sri Umesh Kumar, Satya Narayan Building, Exhibition Road, P.S.- Gandhi Maidan, P.O.- G.P.O., District- Patna.

4.

Umesh Kumar, proprietor of Divya Auto Accessories, Satya Narayan Building, Exhibition Road, P.S.- Gandhi Maidan, P.O.- G.P.O., DistrictPatna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kumar, Advocate For the Respondent/s :

Mr.Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-08-2024 The matter has been listed on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of Registrar General, Patna High Court.

3. Learned counsel for the petitioner submits that the present petition has been filed only for a direction to learned

Patna High Court C.Misc. No.688 of 2024(2) dt.29-08-2024 2/3 Sub Judge-IX, Patna to hear and dispose of Execution Case No. 236 of 2023 expeditiously, which has been filed by the petitioner for execution of judgment and decree dated 22.10.2022 passed in Title Eviction Suit No. 33 of 2019. Learned counsel has relied on the decision of Hon'ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others, reported in (2021) 6 SCC 418, wherein the Hon'ble Supreme Court has issued certain guidelines for executing court to adhere to and has also directed that the executing proceeding must be concluded within six months. Thus, learned counsel submits that the learned trial court may be directed to hear the matter without giving unnecessary adjournments and dispose of the case as early as possible.

4. Since the petitioner has come before this Court with limited prayer for expeditious disposal of the execution case which is pending since 2023, I do not think there is any need to issue notice to the private respondents.

5. Having regard to the facts and circumstances, learned executing court is directed to take up the Execution Case No. 236 of 2023 in all earnest and try to dispose of it at the earliest, keeping in back of mind the guidelines issued by the Hon'ble Supreme Court in the case of Rahul S. Shah (supra).

Patna High Court C.Misc. No.688 of 2024(2) dt.29-08-2024 3/3

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

(Arun Kumar Jha, J) DKS/- U