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Patna High CourtC.Misc./581/2022disposed

Shankar Sahni v. Rani Devi

2023-02-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.581 of 2022 ====================================================== Shankar Sahni, Son of Kamli Sahni, Resident of Mohalla- Lullu Pokhar, Godhi Tola, Police Station - Kasim Bazar, Post Office- Munger, DistrictMunger. ... ... Petitioner/s

Versus

1.

Rani Devi, Wife of Sunil Sahni, Daughter of Late Parmeshwar Sahni, resident of Village- Babhangbama Police Station - Bihupur, Post - OfficeBihupur, District - Bhagalpur. 2.

Shankar Sahni, Son of Parmeshwar Sahni, Resident of Mohalla- Lullu Pokhar, Godhi Tola, Police Station - Kasim Bazar, Post Office - Munger, District- Munger.

3.

Birju Sahni, Son of Parmeshwar Sahni, Resident of Mohalla- Lullu Pokhar, Godhi Tola, Police Station - Kasim Bazar, Post Office - Munger, DistrictMunger. 4.

Sudhir Sahni, Son of Parmeshwar Sahni, Resident of Mohalla- Lullu Pokhar, Godhi Tola, Police Station - Kasim Bazar, Post Office - Munger, DistrictMunger. 5.

Smt. Nirmala Devi, Wife of Jai Prakash Singh, Resident of Mohalla- Lullu Pokhar, Godhi Tola, Police Station - Kasim Bazar, Post Office - Munger, District- Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshwardhan Sahay, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner.

This application is filed by the petitioner for quashing order dated 12.04.2022 passed by Sub-Judge 1st, Munger in Title Execution Case No. 10 of 2017 whereby and whereunder he has directed the Registry to register Misc. Case under Order 21 Rule 97 of Code of Civil Procedure.

Learned counsel for the petitioner submits that this

Patna High Court C.Misc. No.581 of 2022(5) dt.23-02-2023 2/2 case may be disposed of with the observation that the petition filed by the learned counsel for the respondents before learned court below under order 21 Rule 97 CPC may be disposed of expeditiously.

In view of the prayer of the learned counsel for the petitioner and in the interest of justice, this case is disposed of with the direction to the learned court below to dispose of the said application under Order 21 Rule 97 CPC dated 21.12.2021 filed on behalf of the defendant no. 1 expeditiously in accordance with law and both the parties shall cooperate in disposal of the said application before the court concerned. (Sunil Dutta Mishra, J) khushbu/- U