Patna High CourtC.Misc./1675/2018dismissed

Nathuni Pandey And ORS v. Baiju Pandey And ORS

2023-09-14Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1675 of 2018 ====================================================== 1.

Nathuni Pandey Son of Late Chamaru Pandey, 2.

Nagendra Pandey Son of Late Chamaru Pandey 3.

Madan Pandey Sono f Late Rupan Pandey All Resident of Village-Ramgarh, P.S.-Bhagwanpur, P.O.-Umapur, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

Baiju Pandey Son of Late Dewan Pandey 2.

Ramchandra Pandey Son of Baijnath Pandey 3.

Krishna Pandey Son of Baijnath Pandey 4.

Depak Pandey Son of Baijnath Pandey 5.

Ram Ashare Pandey Son of Baijnath Pandey All Resident of VillageRamgarh, P.S.-Bhagwanpur, P.O.-Umapur, District-Kaimur at Bhabua. 6.

Mosmat Rukmina Kunwar Wife of Late Parsuram Pandey 7.

Jagnarayan Pandey Son of late Parsuram Pandey 8.

Dev Narayan Pandey Son of Late Parsuram Pandey. 9.

Sahdeo Pandey Minor Son of Late Parsuram Pandey Legal Heir and Legal Friend of Natural Mother namely Rukmina Kuwar. All Resident of VillageRamgarh, P.S.-Bhagwanpur, P.O.-Umapur, District-Kaimur at Bhabua. 10.

Kaladhary Pandey Son of Late Chamaru Pandey 11.

Rajendra Pandey Son of Late Chamaru Pandey 12.

Rashbihari Pandey @ Lakari Pandey Son of Late Ganesh Pandey 13.

Kishun Pandey Son of Late Rupan Pandey 14.

Dadan Pandey Son of Late Rupan Pandey 15.

Guddu Minor Son of Kishun Pandey. next friend and legal guardianship pf natural father namely Kishun Pandey All Resident of Village-Ramgarh, P.S.- Bhagwanpur, P.O.-Umapur, Distirct-Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-09-2023

1. This application has been filed for setting aside the order dated 13.07.2018 passed by learned J.M. 1st Class,

Patna High Court C.Misc. No.1675 of 2018(7) dt.14-09-2023 2/3 Kaimur at Bhabhua in Title Suit No. 198 of 2001/306 of 2017.

2. The defendant in Title Suit No. 198 of 2001/306 of 2017 has raised an objection that the suit was not properly valued, therefore, the same cannot be heard by the Munsif.

3. The Suit is of the year 2001. it appears that the defendant/s are trying to delay the already delayed suit by filing frivolous application and the same has rightly been dismissed.

4. I find no ground to interfere in the impugned order. This is again dismissed.

5. The Munsif is directed to decide the Title Suit No. 198 of 2001/306 of 2017 within one year from the communication of receipt of a copy of this order.

6. The suit must be decided within the aforesaid period without granting any unnecessary adjournment to either of the parties.

7. The Munsif will not stay the proceedings of the suit by mere filing of any application in this Court.

8. The Munsif will proceed ex-parte in the suit against the non-cooperating party and he will file a compliance report in this Court after disposal of the suit within a year.

9. Let a copy of this order be communicated to the District Judge Kaimur at Bhabhua through FAX for its

Patna High Court C.Misc. No.1675 of 2018(7) dt.14-09-2023 3/3 compliance forthwith.

10. This application stands dismissed.

(Sandeep Kumar, J) Shishir/- U