Rajeshwar Thakur And ORS v. Shivnath Thakur And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16477 of 2014 ===========================================================

1. Rajeshwar Thakur

2. Lal Keshwar Thakur Both Sons of Late Paras Nath Thakur

3. Raj Keshwar Thakur

4. Maheshwar Thakur

5. Mano Devi

6. Vijeshwar Thakur

7. Raghav Devi 3 to 7 Sons AND Daughters of Late Shambhunath Thakur

8. Ravindra Thakur

9. Mukti Nath Thakur

10. Triloki Nath Thakur

11. Ram Kumar Thakur 8 to 11 Sons of Late Arjun Thakur

12. Tarkeshwar Sharma

13. Prayag Narayan Sharma

14. Ram Jeet Thakur

15. Fuleshu Devi

16. Krishna Sharma

17. Ram Vichar Sharma

18. Baleshwar Thakur 12 to 18 Sons AND D/o Late Bhrigunath Thakur

19. Mostt. Leelavati Devi Wife of Late Shashi Bhushan Sharma

20. Premchand Sharma

21. Roop Narayan Bishwakarma 20 to 21 Sons of Late Bhrigunath Thakur

22. Kulwanti Devi

23. Mangal Thakur

24. Brajraj Thakur

25. Shubh Narayan Thakur

26. Nirmal Thakur

27. Prajapati Thakur

28. Kanhaiya Lal Thakur 22 to 28 Sons of D/o Late Gaya Thakur All resident of village Hewantpur, Police Station - Dariyapur, P.O. - Dighwara, District - Saran. .... .... Petitioner/s

Versus

1. Shivnath Thakur

2. Shiv Pujan Thakur Both Sons of Late Jhagru Thakur

3. Kalawati Devi D/o Sitaram Thakur

4. Shushila Devi W/o Late Wakil Thakur

5. Krishna Sharma

6. Bhola Sharma Son of Late Wakil Thakur All Village - Godna, P.S. AND P.S. - Revilganj, District- Saran.

7. Rajnarayan Thakur

8. Deo Narayan Thakur

9. Naga Thakur

10. Shyam Narayan Thakur

11. Raj Kumar Devi All 5 to 9 Sons AND D/o of Late Sugrim Thakur

12. Prem Thakur Son of Late Parsuram Thakur

13. Deokari Devi D/o Late Chamru Thakur

14. Bikrara Thakur Son of Late Ram Shakal Thakur

15. Kripal Thakur Son of Late Ram Darshan Thakur

16. Krit Thakur

17. Nageshwar Thakur Both 14 to 15 sons of Late ram Darshan Thakur

18. Rampati Devi W/o Late Bhuwneshwar Thakur

19. Ajay Thakur

20. Suraj Thakur

21. Badri Thakur

22. Rashupati Nath Thakur All Sons of Late Bhubneshwar Thakur P.o. - Hewanatpur, P.S. - Dariyapur, P.O. - Dighwara, District- Saran.

23. Chiniya Devi D/o Late Shiv Prasad Thakur

24. Prabhu Thakur H/o Late Dhurpatia Devi, P.O. - Hemantpur, P.O. - Digwara, District- Saran.

25. Chandra Shekhar Thakur

26. Parmeshwar Thakur Son of Late Dhurpatia Devi and Prabhu Thakur Both R/o Village - Murthan, P.O. AND P.S. - Parmanandpur, District - Saran.

27. Bhagwania Devi Daughter of Late Mewa Lal Thakur

28. Shubhagia Devi

29. Asmania Devi

30. Dharamdeo Thakur

31. Sharikhan Thakur

32. Champa Devi

33. Hira Devi

34. Ilaychi Devi All 20 26 Sons AND D/o Late Ram Paras Thakur

35. Mostt. Motijhari Divi Wife of Late Bhutnath Thakur

36. Shankar Thakur

37. Surendra Thakur

38. Rajendra Thakur

39. Samauti Devi All 28 to 32 Sons AND D/o Late Ganesh Thakur

40. Mostt. Shushila Devi Wife of Late Udho Thakur

41. Mostt. Chandrawati Devi Wife of Late Nagendra Thakur All resident of village - Hewantpur, Police Station - Dariyapur, P.O. - Dighwara, District- Saran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya, Adv For the Respondent/s : Mr. Md. Waliur Rahman, Adv Mr. Manoj Kumar, Adv Mr. Santosh Kumar, Adv and Namrata Singh, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 18-04-2016 Heard Mr. Dronacharya, learned counsel appearing on behalf of the petitioners.

The present application has been filed under Article 227 of the Constitution of India with a prayer on behalf of the petitioners for issuance of a direction to the learned court below for disposal of the pending injunction petition.

Mr. Waliur Rahman, learned counsel is present on behalf of the respondents.

After considering the submissions and perusal of the

record, it transpires that by order dated 01.11.2013 passed in T.S. No. 913 of 2013 the learned court below has issued show cause notices upon the defendants in the petition dated 03.10.2013 filed by the petitioner for grant of injunction. It however does not transpire either from the averments made in the main application or from the ordersheet that thereafter the petitioner made any prayer before the court for disposal of the said injunction petition or for grant of any interim order pending final disposal of the injunction petition. In that view of the matter, this Court does not find it a fit case to invoke its jurisdiction under Article 227 of the Constitution of India for issuing a direction to the court below for disposal of the injunction petition.

This writ application is therefore, dismissed with liberty to the petitioners to make appropriate prayer before the court below for disposal of the pending injunction petition and if such petition is filed the same shall be considered and disposed of by the learned court below after hearing the parties and in accordance with law. (V. Nath, J) Ranjan/- NAFR CAV DATE Uploading Date Transmission Date