Rehan Ahmed Mallick v. The Presiding Officer, Sub-Judge-Viii, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10917 of 2024 ====================================================== Rehan Ahmed Mallick S/o Late Razi Ahmed Mallick, R/o Ekhilaquim Manzir, Dariyapur, Koyari Tola, P.O.-Bankipur, Pin-800004, PS-Perbahore, District-Patna, State-Bihar.

... ... Petitioner/s

Versus

1.

The Presiding Officer, Sub-Judge-VIII, Patna Patna. 2.

The District and Session Judge, Patna.

3.

The Registrar, Civil Court, Patna.

4.

Mohammad Imtiyazuddin son of Late Mohammad Moinuddin, resident of Mohalla Saujbag (Muradpur), P.S.-Pirbahore, District-Patna, Pin-800004P.O.-Bankipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Yadav, Advocate For the Respondent/s :

Mr.Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of writ in the nature of Mandamus directing the learned Court of Sub-Judge-VIII, Patna to perform his public duty to hear Title Suit No. 408/2002 at the earliest, which is pending for adjudication before the learned Court.

ii. For issuance of Writ in the nature of Mandamus to direct the learned Court of SUB-JUDGE-VIII Patna to take necessary steps to adjudicate Title Suit No.

408/2002, which was filed in the year 2002, but now it is pending for disposal while the stage of case is on Evidence

Patna High Court CWJC No.10917 of 2024(2) dt.29-08-2024 2/2 from the Plaintiff side.

iii. For issuance of appropriate/Writ/ Order /direction in the interest of justice for disposal of Title Suit No. 408/2002 at the earliest possible date because it affects the interest of parties."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Court of SubJudge-VIII, Patna for expediting the proceedings of the pending Title Suit No. 408 of 2002. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate petition is filed for expediting the suit proceedings, the learned Trial Court shall consider the same sympathetically and expedite the suit proceedings.

4.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U