Raja Ram Sharma v. Mahendra Maharaj

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1329 of 2019 ====================================================== Raja Ram Sharma Son of Jairam Maharaj, Resident of Village- Madhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna. ... ... Petitioner/s

Versus

1.

Mahendra Maharaj Son of Rambriksh Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 2.

Shree Maharaj, Son of late Ram Suchit Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 3.

Parma Maharaj, Son of late Rambriksh Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 4.

Ramgati Maharaj, Son of late Ambika Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 5.

Rajeshwar Maharaj, Son of late Radhakishun Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 6.

Ganga Maharaj, Son of late Mohit Maharaj, Resident of Village- Mirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 7.

Ramjanam Maharaj, Son of late Palakdhari Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 8.

Manager Maharaj, Son of late Dwarika Mahjaraj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 9.

Baijnath Maharaj, Son of Dwarika Maharaj, Resident of Village- Mirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 10.

Goni Maharaj, Son of late Lakhaman Maharaj, Resident of VillageMirjapur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 11.

Sri Birbal Maharaj, Son of late Kurkut Maharaj, not known 12.

Rambabu Sharma, Son of late Jagarnath Maharaj, not known 13.

Ram Pravesh Sharma, Son of late Jagarnath Maharaj, not known 14.

Anirudh Sharma, Son of late Baikunth Maharaj, not known 15.

Sri Nandan Singh, Son of Ram Singh, Resident of Village- Mahuli, P.O. Gauharpur, P.S. Didarganj, District- Patna.

16.

Lalan Singh, Son of late Ram Sunder Singh, Resident of Village Mahdopur, P.S. Didarganj, District- Patna.

17.

Bihar State Electricity Board through its Chairman having its office at Vidyut Bhawan, Bailey Road, Patna.

18.

The Electrical Executive Engineer, Electric Supply Division, New Punaichak Rajbansi Nagar, p.S. Rajbansi Nagar, District- Patna. 19.

Asha Devi, D/o of late Madan Maharaj, Resident of Village- Madhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna.

20.

Rakesh Kumar, Son of late Mohan Maharaj, Resident of Village- Madhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna.

Patna High Court C.Misc. No.1329 of 2019(2) dt.19-11-2024 2/3 21.

Ramesh Kumar, Son of late Madan Maharaj, Resident of Village- Madhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 22.

Ravi Ranjan Son of late Madan Maharaj, Resident of Village- Madhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 23.

Dhanrajan Kumar Son of late Madan Maharaj, Resident of VillageMadhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 24.

Manoranjan Kumar, Son of Late Madan Maharaj, Resident of VillageMadhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna. 25.

Birbali Kumar Son of late Madan Maharaj, Resident of Village- Madhopur, P.S. Didarganj, P.O. Rukanpura, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Advocate For Respondent Nos. 17 & 18:

Mr. Kumar Priya Ranjan, Addl. S.C.

Mr. Sudarshan Bharadwaj, Advocate Mr. Sandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2024 The record has been taken up on mentioning being made on behalf of the petitioner.

2. Learned counsel for the petitioner submits that the instant petition has been filed with limited prayer seeking direction to the learned Sub Judge II, Patna City to dispose of Execution Case No. 02 of 2003 at the earliest.

3. Learned counsel appearing on behalf of respondent nos. 17 and 18 submits that the execution case has been filed pursuant to ex-parte decree passed in Title Suit No. 49 of 1999 and a miscellaneous case for setting aside the ex-parte decree has been pending and this petitioner has been avoiding to participate in the proceeding before the learned trial court in miscellaneous case. However, learned counsel submits that there

Patna High Court C.Misc. No.1329 of 2019(2) dt.19-11-2024 3/3 is no stay in the execution proceeding.

4. Since the petitioner has approached this Court with prayer for early disposal of Execution Case No. 02 of 2003 and from submission it appears that there is no stay in the execution proceeding, I do not think that there is any need to issue notice to the other respondents.

5. Having regard to the facts and circumstances and submission made on behalf of the parties, learned Sub Judge II, Patna City is directed to dispose of Execution Case No. 02 of 2003 in terms of guidelines issued by Hon'ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others, reported in (2021) 6 SCC 418. At the same time, learned Sub Jude II, Patna City is also directed to dispose of Misc. Case No. 02 of 2017 at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order.

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

(Arun Kumar Jha, J) DKS/- U