Smt. Vijaya Singh v. Sri Jitendra Kewat And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.953 of 2011 ====================================================== SMT. VIJAYA SINGH W/O DR. YASHWANT SINGH RESIDENT OF HOUSE NO. 52/22A, SRI KRISHNA NAGAR, POLICE STATIO BUDHA COLONY, IN THE TOWN AND DISTRICT PATNA. .... .... APPELLANT/S

VERSUS

1.

SRI JITENDRA KEWAT.

2.

SRI VIRU KEWAT.

BOTH SONS OF LATE RAM CHANDRA KEWAT.

3.

SRI LALAN KEWAT 4.

SRI BHULAN KEWAT BOTH SONS OF LATE JITU KEWAT 5.

SRI KISHORI KEWAT 6.

SRI VINOD KEWAT 7.

SRI PRAMOD KEWAT ALL SONS OF LATE RUP NARAYAN KEWAT 8.

SRI SURENDRA KEWAT 9.

SRI GUNNU KEWAT BOTH SONS OF LATE LAL BABU KEWAT 10.

SRI YADUNANDAN KEWAT 11.

SRI JAI NANDAN KEWAT BOTH SONS OF LATE MANU KEWAT.

ALL RESIDENT OF MOHALLA PRATAPUR, POLICE STATION KHAJEKALAN, PRESENT POLICE STATION MEHDIGANJ, P.O. JHAUGANJ, PANTA CITY, PATNA IN THE TOWN AND DISTRICT PATNA.

12.

SRI SUKHJINDER SINGH.

13.

SRI NAVDEEP SINGH.

BOTH SONS OF SRI KARNAIL SINGH RESIDENT OF MOHALLA MITHAPUR, POST OFFICE G.P.O.

IN THE TOWN AND DISTRICT PATNA.

.... .... RESPONDENT/S ====================================================== Appearance:

For the Appellant/s :

Mr. J.S. Arora, Adv.

Mr. Manoj Kumar, Adv.

For the Res. No.12 & 13 :

Mr. Vinay Mistri, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-01-2016 Heard learned counsel for the appellant.

On previous occasion there was appearance of respective parties however, today, none represents the respondent

Patna High Court MA No.953 of 2011 (16) dt.04-01-2016 except respondent nos.12 and 13. Considering the nature of instant appeal wherein the appellant/plaintiff has approached before this Court on being refused by the learned lower court to accede with his prayer for grant of injunction, the matter has been heard. From perusal of the record, it is evident that the nature of the suit happens to be guided by the events of specific performance of contract. Furthermore, there happens to be admission at the end of the appellant/plaintiff that before institution of the suit respondent no.12 and 13 got sale deed in their favour through three sale deeds dated 17.09.2009, 22.01.2010 and 23.07.2010. The suit is of the year 2010. From order impugned, it is evident that no further development is visualizing.

Accordingly, instead of giving further opportunity to linger the proceeding, it looks desirable to direct the learned lower court to dispose of instant suit bearing Title Suit no.104 of 2010 pending before Sub-judge-Ist, Patna City within one year without giving undue adjournment to any of the party and till then parties are directed to maintain status quo. Instant petition is disposed of in terms thereof.

(Aditya Kumar Trivedi, J.) PN/- U