Jitendra Narain Agarwal And ORS v. Rajiv Agarwal And ORS

Patna High Court C.Misc. No.401 of 2018 (2) dt.01-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.401 of 2018 ======================================================

1. Jitendra Narain Agarwal son of Late Rabindra Narain Agarwal resident of Mungeriganj, Ward No. 33, P.S. Town Thana, Dist. Begusarai.

2. Abha Rani wife of Late Rabindra Narain Agarwal resident of Mungeriganj, Ward No. 33, P.S. Town Thana, Dist. Begusarai.

3. Meenakshi Rani @ Minakshi D/o Late Rabindra Narain resident of Mungeriganj, Ward No. 33, P.S. Town Thana, Dist. Begusarai. .... .... Petitioner/s

Versus

1. Rajiv Agarwal son of Late Arbind Kumar resident of Mungeriganj, Ward No. 33, P.S. Town Thana, Dist. Begusarai.

2. Sanjiv Kumar Agarwal son of Late Arbind Kumar resident of Mungeriganj, Ward No. 33, P.S. Town Thana, Dist. Begusarai.

3. Mridula Mansinghka daughter of Late Arbind Kumar Agarwal resident of Mungeriganj, Ward No. 33, P.S. Town Thana, Dist. Begusarai at present residing at Bhilwara.

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

For the Appellant/s : Mr. Vinay Mistry For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2018 Heard Mr. K.N.Choubey, learned senior counsel for the petitioners.

The learned counsel for the petitioners submits that the simple prayer of the petitioners in this case is that the petitioners and others have filed so many petitions including the petition under Order XII Rule 6 and Order I Rule 10 C.P.C. but the Sub Judge III, Begusarai, who is in seisin of the case, does not hear the petitions and has failed to exercise the power vested in it by law. It is prayed that a simple direction be given to the Court in seisin of

Patna High Court C.Misc. No.401 of 2018 (2) dt.01-05-2018 the case to dispose of the petitions of the petitioner and other parties pending in the suit without any further delay and expediently.

Having considered the submissions of learned counsel for the petitioners, I direct the Sub Judge III, Begusarai to hear the parties on petitions filed by them in Title Suit No.188 of 1997 and dispose of the same expeditiously.

With this observation, this civil miscellaneous petition is disposed of.

(Prabhat Kumar Jha, J) Saurabh/- U