Ratandev Gupta v. Deepak Gupta

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.935 of 2023 ====================================================== Ratandev Gupta Son of Late Hardeo Lal Resident of Mohalla- Old Bus Stand, Purnea, P.S.- K. Hat, Dist- Purnea.

... ... Petitioner/s

Versus

Deepak Gupta Son of Chandra Prasad Resident of Mohalla- Old Bus Stand, Purnea, P.S.- K. Hat, Dist- Purnea.

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

For the Petitioner/s :

Mr. Virendra Kuar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 07-05-2024 Heard learned counsel for the petitioner and I intend to dispose of the present petition at the stage of admission itself.

02. The present petition has been filed by the petitioner under Article 227 of the Constitution of India ifor issuance of appropriate orders/directions to the learned Munsif Sadar, Purnea to pass a final order in Execution Case No. 17 of 2018 within a stipulated time period.

03. Learned counsel for the petitioner submits that after filing of the Execution Case No. 17 of 2018 for execution of the judgment and decree dated 28.11.2017 and 11.12.2017, respectively passed in Eviction Suit No. 11 of 2011, the matter has been pending before the learned Munsif, Sadar, Purnea. Learned counsel further submits that the matter has been

Patna High Court C.Misc. No.935 of 2023 dt.07-05-2024 2/2 running at the stage of delivery of possession as Administration has failed to co-operate and learned executing court has not taken further steps for ensuring delivery of possession in favour of the decree-holder.

04. Since, the petitioner has approached this Court with only prayer of early disposal of the Execution Case No. 17 of 2018 pending before the learned Munsif, Sadar, Purnea within a stipulated time period, I think no useful purpose would be served in issuing notice to the respondent.

05. Hence, the learned Munsif, Sadar, Purnea is directed to take further steps and ensure disposal of the Execution Case No. 17 of 2018 within three months from the date of receipt/production of a copy of this order.

06. Accordingly, the present petition stands disposed of with the aforesaid observation.

(Arun Kumar Jha, J) Ashish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.05.2024 Transmission Date NA