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Patna High CourtMJC/130/2015disposed

Aparajita Singh And ORS. v. Pratap Singh @ Birendra Kishore Singh And ORS.

2017-02-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.130 of 2015 In T.S. 92 of 1988 ======================================================

1. Aparajita Singh, wife of late Banbir Singh, Resident of VillageMadrauni, P.S.- Gopalpur, District- Bhagalpur, at present Resident of Mohalla- Budha Colony, House No.- 828, P.S.- Budha Colony, DistrictPatna

2. Smt. Deepti, daughter of late Banbir Singh, Resident of VillageMadrauni, P.S.- Gopalpur, District- Bhagalpur. at present Resident of 226756 NE Fern Reach Circle, Redmond, Washington, Zip- 980532031, USA

3. Parikshit , son of Late Banbir Singh, Resident of Village- Madrauni, P.S.- Gopalpur, District- Bhagalpur. At present Resident of Room No. 203, JMJ Hostal, 1-90/2/A, Hi- Tech City, Main Road Madhapur, Hyderabad, A.P.

4. Smt. Swati, Daughter of Late Banbir Singh, Resident of VillageMadrauni, P.S.- Gopalpur, District- Bhagalpur. At present Resident of Sector 24 Pocket 7, House No. 21-22, Rohini, Delhi .... .... Petitioners

Versus

1. Pratap Singh @ Birendra Kishore Singh, Advocate Son of Tej Bahadur Singh, Advocate, Resident of Village- Madrauni, P.S.- Gopalpur, DistrictBhagalpur.

2. Tej Bahadur Singh, Advocate, son of Late Raisaheb Munilal Singh, IAS, Resident of Village- Madrauni, P.S.- Gopalpur, District- Bhagalpur.

3. The State of Bihar through the Collector, Bhagalpur .... .... Opp.Partkes ====================================================== Appearance :

For the Petitioner/s : Mr. Narendra Kumar Singh For the Respondent/s : Mr. AC to SC-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-02-2017 Heard Sri Ajay Kumar Singh, learned counsel, assisted by Sri Narendra Kumar Singh, learned counsel for the petitioners and learned AC to SC-17, who has appeared on behalf of Opp.Party no.3.

The present petition has been filed under Section 24 of the Code of Civil Procedure with a prayer to transfer Title

Patna High Court MJC No.130 of 2015 (3) dt.09-02-2017 2/2 Suit No.92/1988 from the court of learned Sub Judge-II, Naugachhia to Patna Civil Court, It is admitted fact that earlier also the petitioners had approached this Court for the same prayer. However, a Bench of this Court had not interfered in the matter and only disposed of with direction to expedite the hearing of the suit and conclude the same within specified time. Again the same prayer is being reiterated.

Learned counsel for the petitioners submits that despite the order of this Court, the trial has not been concluded till date.

This Court may not inquire into the other aspect. If so advised, the petitioners may avail appropriate remedy. The writ petition stands disposed of (Rakesh Kumar, J) NKS/- U