Dr. Shardanand Singh v. Siddharth Kshatriya

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.849 of 2024 ====================================================== Dr. Shardanand Singh son of Late Rameshwar Singh, resident of Village Jahangirpur Lagma, P.S. Singhia, District Samastipur. ... ... Petitioner/s

Versus

1.

Siddharth Kshatriya Son of Shardanand Singh, resident of Village Jahangirpur Lagma, P.S. Singhia, District Samastipur At Present- 42, Kamla Apartment, Road No. 10, Patel Nagar, P.O. L.B.S. Nagar, Patna 800023. 2.

Parbati Devi W/o Sri Onkar Prasad Singh, resident of Village Murli, P.S. Saharsa, District Saharsa.

3.

Vikash Kshatriya, son of Shardanand Singh, resident of Village Jahangirpur Lagma, P.S. Singhia, District- Samastipur.

4.

Ashok Kumar Singh, son of Purushottam Singh, resident of Village Lagma, P.S. Singhia, District- Samastipur.

5.

Gautam Kumar Singh, son of Purushottam Kumar Singh, resident of Village Lagma, P.S. Singhia, District- Samastipur.

6.

Ram Sagar Singh, son of Late Chandrika Singh, resident of Village Lagma, P.S. Singhia, District- Samastipur.

7.

Seban Yadav, son of Bouku Yadav, resident of Village Agroul, P.S. Singhia, District- Samastipur.

8.

Sumant Kumar Singh, Son of late Upendra Narayan Singh, resident of Village Lagma, P.S. Singhia, District- Samastipur. 9.

Indu Devi, W/o Shardanand Singh, resident of Village Lagma, P.S. Singhia, District- Samastipur- At present Flat No. 42, Kamla Apartment, Road No. 10, Patel Nagar, Patna 800023.

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

For the Petitioner/s :

Dr. Maya Nand Jha, Sr. Advocate Mr.Giridhar Gopal Tiwary, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 05-12-2024 Record taken up on mentioning being made on behalf of the petitioner.

Patna High Court C.Misc. No.849 of 2024 dt.05-12-2024 2/3

2. Heard learned senior counsel for the petitioner.

3. The petitioner being one of the defendants has approached this court with limited prayer seeking direction to the learned Civil Judge (Senior Division) II, Rosera, Samastipur to conclude the trial of Partition Suit No. 31 of 2011 in time bound manner.

4. Learned senior counsel for the petitioner submits that the matter has been running at the stage of argument since 2022 and even the argument of the contesting defendant no. 2/petitioner was completed on 18.01.2023, still the suit is being adjourned and the matter is not being taken up for disposal.

5. Since the petitioner has approached this Court with limited prayer for early disposal of Partition Suit No. 31 of 2011, I do not think that there is any need to issue notice to the respondents.

6. As the partition suit has been pending since 2011, learned Civil Judge (Senior Division) II, Rosera, Samastipur is directed to proceed in the matter showing urgency since the matter has been kept at the stage of argument for more than two years and try to dispose of Partition Suit No. 31 of 2011 at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court C.Misc. No.849 of 2024 dt.05-12-2024 3/3

7. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.12.2024 Transmission Date NA