Ravi Shankar Singh v. Bhanumati Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.647 of 2022 ====================================================== Ravi Shankar Singh Son of Satya Narayan Singh Resident of Village and P.O. and P.S.-Sonhan, District-Kaimur (Bhabhua).

... ... Petitioner/s

Versus

1.

Bhanumati Devi Wife of Subhash Singh Resident of Village and P.O.- Akhlaspur, P.S.-BHabhua, District-Kaimur.

2.

Smt. Kiran Devi Wife of Gopal Bind Resident of Village-Ganwana, P.O.- Sonhan, P.S.-Sonhan, District-Kaimur (Bhabhua). 3.

Smt. Lachhmina Devi Wife of Awadhesh Bind Resident of VillageGanwana, P.O.-Sonhan, P.S.-Sonhan, District-Kaimur (Bhabhua). 4.

Smt. Pyari Devi Wife of Satish Bind Resident of Village-Ganwana, P.O.- Sonhan, P.S.-Sonhan, District-Kaimur (Bhabhua). 5.

Smt. Bharti Devi Wife of Mariti Bind Resident of Village-Ganwana, P.O.- Sonhan, P.S.-Sonhan, District-Kaimur (Bhabhua). 6.

Smt. Kushum Devi Wife of Kapil Bind Resident of Village-Ganwana, P.O.- Sonhan, P.S.-Sonhan, District-Kaimur (Bhabhua). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner.

2. The instant petition has been filed under Article 227 of the Constitution of India for issuance of an appropriate direction to the court of learned Additional District Judge-III, Bhabhua for early disposal of Probate Title Suit No. 02 of 2018, arising out of Probate Case No. 56 of 1998 and further for a direction to the same court for implementation of the orders of this Court passed in Misc. Appeal No. 738 of 2009.

3. Learned counsel for the petitioner submits that vide order dated 12.02.2013 passed in Misc. Appeal No. 738 of 2009,

Patna High Court C.Misc. No.647 of 2022(4) dt.16-05-2024 2/3 the defendant/respondent no. 1 was restrained from transferring the land without obtaining permission of the trial court. Learned counsel further submits that despite orders of this Court in Misc. Appeal No. 738 of 2009, a large number of sale deeds have been executed by defendant/respondent no. 1.

4. Since the petitioner has approached this Court seeking direction to the learned Additional District Judge-III, Bhabhua to implement the order dated 12.02.2013 passed in Misc. Appeal No. 738 of 2009 and also further prayer has been made for early disposal of Probate Title Suit No. 02 of 2018, arising out of Probate Case No. 56 of 1998, I find that there is no need to issue notice to the respondents.

5. Under the aforesaid circumstances, learned Additional District Judge - III, Bhabhua is directed to take up the matter in all earnest and try to dispose of Probate Title Suit No. 02 of 2018, arising out of Probate Case No. 56 of 1998 within a period of nine months from the date of receipt/production of a copy of this order. Further, if the orders of this Court passed in Misc. Appeal No. 738 of 2009 are violated, it is expected that the learned Additional District Judge-III, Bhabhua would enforce the orders of this Court by whatever means it think appropriate.

Patna High Court C.Misc. No.647 of 2022(4) dt.16-05-2024 3/3

6. With the aforesaid observation, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U