Hankuk Buddhist Society, v. Jong Chul Kim

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.841 of 2024 ====================================================== Hankuk Buddhist Society, Having its head Office at C-2B/3A Janakpuri, New Delhi, through its President Mr. Ven Sonam Phurbhu Negi, Son of Uma Singh Negi, Resident of Pangam Gonpa, P.O. Pangan, Tehsil, Manali, Distt. Kullu, Presently residing at Korea Temple , P.S. Bodhgaya, Gaya, Bihar. ... ... Petitioner/s

Versus

1.

Jong Chul Kim Son of ..... Resident of - Mastipur, P.S. Bodh Gaya, DistrictGaya. 2.

Mohammad Saukat, Son of Md. Jallaluddin, Resident of -Hotel Takdarbar, P.S. BodhGaya, District- Gaya.

3.

Mohammad Itfikaar, Son of Md.Jallaluddin, Resident of -Hotel Takdarbar, P.S. BodhGaya, District- Gaya.

4.

Mohammad Neesar, Son of Md. Jallaluddin, Resident of -Hotel Takdarbar, P.S. BodhGaya, District- Gaya.

5.

Shri Bhalu Manjhi, Son of Sri Suresh Manjhi, Resident of- 45, Vabhani Village, Mocharim, P.S. Bodhgaya , District- Gaya. 6.

Sri Om Prakash , Son of late Raghu Nath Prasad, Resident of Mangala Gauri,P.S. Vishnupad, District- Gaya.

7.

Sri Lalan Yadav, Son of not known, Resident of Bhagalpur, P.S. Bodhgaya, District- Gaya.

8.

The Registrar, Civil Court, Gaya, Bihar.

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

For the Petitioner/s :

Mr. Lalit Kishore, Sr. Advocate Mr.Ayush Kumar, Advocate Mr. Kanishka Shankar, Advocate For the Respondent No.8:

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 Mr. Lalit Kishore, learned senior counsel on behalf of the petitioner as well as learned counsel appearing on behalf of respondent no. 8.

3. Learned senior counsel for the petitioner submits

Patna High Court C.Misc. No.841 of 2024(2) dt.29-08-2024 2/3 that the present petition has been filed with limited purpose seeking direction to the learned Sub Judge-XI, Gaya to dispose of Title Suit No. 393 of 2010 in expeditious manner within some time frame. Learned senior counsel further submits that due to delaying tactics adopted by the defendants, the suit of 2010 is still pending in 2024 as the defendants avoided notice of the case and finally the pleading could be completed only in 2023 and issues have been framed. Thereafter, the defendants started filing frivolous applications of similar nature one by one and the defendants do not want disposal of the case on merits and want to delay the matter as long as possible.

4. Since the petitioner has come before this Court with limited prayer seeking direction to the learned trial court for expeditious disposal of Title Suit No. 393 of 2010, I do not think there is any need to issue notice to the private respondents.

5. Having regard to the facts and circumstances, learned Sub Judge -XI, Gaya is directed to take up the matter with all earnest considering the fact that the suit is of the year 2010 and to proceed to dispose of the case at the earliest, preferably, within a year from the date of receipt/production of a copy of this order without granting unnecessary adjournments to either of the parties.

Patna High Court C.Misc. No.841 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