Sumitra Devi And ORS v. Shailendra Prasad And ORS

Patna High Court CWJC No.12038 of 2014 dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12038 of 2014 ===========================================================

1. Sumitra Devi Wife of Late Devendra Singh, Resident of Village-Mirdaha Chak, P.O.-Langharura P.S-Harnaut District-Nalanda.

2. Amanati Devi D/o Late Ram Prit Singh and Wife of Ashok Singh Resident of village-Matapur P.O.-Belchi P.S.-Harnaut, District-Nalanda.

3. Sharda Devi Wife of Ramavtar Singh, Resident of Village-Koilaba P.O.- Koilaba, P.S.Harnaut, District-Nalanda.

.... .... Petitioners

Versus

1. Shailendra Prasad, Son of Late Ram Lakhan Singh.

2. Janardhan Prasad Son of Ramchandra Singh.

3. Sanjay Prasad Son of Late Mahendra Singh.

Resident of Girdharpur Basti Tola, Jorarpur, P.O.-Daili, P.S.-Harnaut, DistrictNalanda. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mohit Kumar For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 16-08-2016 V.Nath, J.

Heard the learned counsel for the petitioners. The present application has been filed by the plaintiff-petitioners assailing the impugned order by which the learned court below has refused to recall its earlier order whereby the prayer of the defendant for setting aside the ex parte decree was allowed. After some argument, the learned counsel for the petitioners has submitted that the main concern of the petitioner is for expeditious disposal of the T.S.No.168/1993 on merits itself as the matter has been unnecessarily delayed at the instance of the defendant or for the laches on the part of the defendant.

Patna High Court CWJC No.12038 of 2014 dt.16-08-2016 After considering the submissions, this Court does not find any reason to interfere in the impugned order but finds force in the submission by the learned counsel for the petitioners for a direction to the court below for expeditious disposal of the T.S.No.168/1993. The learned court below, therefore, is directed to dispose of the aforesaid title suit expeditiously and without granting any unnecessary adjournments to the parties as the matter has been already inordinately delayed.

The application is accordingly dismissed with aforesaid observation.

(V. Nath, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.09.2016 Transmission Date