Ragini Kumari Singh v. Prabhawati Devi And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.987 of 2017 ====================================================== Ragini Kumari Singh, Wife of Ramesh kumar Rai, Resident of VillageMathila, Police Station- Koran Sarai in the District of Buxar. ... ... Petitioner/s
Versus
1.
Prabhawati Devi, Wife of Srikant Dwivedi, Resident of Village- Kesath, Police Station- Nawanagar in the District- of Buxar. 2.
Hridaya Narayan Chaudhary, Son of Baikunth Chaudhary, Resident of Village- Sheopur, Police Station- Brahampur in the District of Buxar. 3.
Prabhawati Devi, Wife of Jagdish Thakur, Resident of Village- Chougai, Police Station- Murar in the District of Buxar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-02-2024 Heard learned counsel for the petitioner on the point of admission and I intend to dispose of the present petition at the stage of admission itself.
2. The instant petition has been filed for quashing the order dated 20.03.2017 passed by the learned Fast Track CourtI, Buxar in Misc. Appeal No. 8 of 2016 by which the miscellaneous appeal filed on behalf of the petitioner against the order dated 18.06.2016 passed by the learned Munsif, Buxar in Title Suit No. 28 of 2016 has been rejected.
3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the orders of the learned courts below as petitioner has purchased 1⁄2 kathas of land bearing Khata No.
Patna High Court C.Misc. No.987 of 2017(4) dt.05-02-2024 2/3 62, Khesara No. 126, Mauza Sahnipatti, Buxar through a registered sale deed executed on 17.02.2004 vide Sale Deed No. 1343 and got the land mutated in her name and she started paying rent to the State from the year of purchase. Subsequently, another claimant (respondent no.1) who filed a title suit bearing Title Suit No. 28 of 2016 before the learned Munsif, Buxar, claiming title and ownership over the same land. In her title suit, the plaintiff/respondent no.1 filed an application for injunction under Order XXXIX Rule (1) and (2) read with Section 151 of the Code of Civil Procedure for restraining the defendants to alter the physical feature of the suit property and also to restrain the defendants from alienating the same.
Learned counsel further submits that both the learned courts below passed orders for status quo over the suit land the petitioner is more interested in disposal of Title Suit No. 28 of 2016 which has been pending for about eight years. Learned counsel further submits that the learned trial court may be directed to dispose of the title suit as expeditiously as possible.
4. Early disposal of civil suit is in the interest of parties as well as public at large. So I do not think there is any need to issue notice to the respondents and in the light of submission made by the learned counsel for the petitioner,
Patna High Court C.Misc. No.987 of 2017(4) dt.05-02-2024 3/3 learned trial court is directed to dispose of Title Suit No. 28 of 2016 within a period of six months from the date of receipt/production of a copy of this order.
5. The instant petition stands disposed of with the aforesaid direction at the stage of admission itself. (Arun Kumar Jha, J) balmukund/- U