Ganesh Chandra Chaudhary And ANR v. Shri Awinash Mishra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20326 of 2014 ======================================================

1. Ganesh Chandra Chaudhary S/o Late Hari Bansh Chaudhary.

2. Bhawesh Kumar Chaudhary S/o Shri Ganesh Chandra Chaudhary All Resident of Village R;udrapur, P.O. Rudrapur, Police Station Andrathai Hall, Police Station Budrapur, District Madhubani. .... .... Petitioner/s

Versus

Shri Awinash Mishra S/o Late Madhusudan Mishra Resident of Village Rudrapur, P.O. Rudrapur, Police Station Andrathari, Hall Thana Rudrapur, District Madhubani.

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

For the Petitioner/s : Mr. Abhishek Anand, Adv. Mrs. Madhuri Kumari, Adv.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 15-05-2015 This matter has been placed under the heading 'To Be Mentioned' at the instance of the petitioners. The learned counsel for the petitioners has submitted that his prayer is confined only for a direction to the learned court below for disposal of the pending Title Suit No. 59 of 2007. It has been pointed out that the said suit has remained pending so far because of the dilatory tactics adopted by the defendant and the delay is not attributable to the petitioners. After considering the submissions and in view of the limited prayer of the learned counsel for the petitioner, this

Patna High Court CWJC No.20326 of 2014 (2) dt.15-05-2015 writ application is disposed of, with the consent of the learned counsel for the petitioners, at this stage itself, with direction to the learned court below to dispose of the pending Title Suit No. 59 of 2007 expeditiously and preferably within a period of nine months from today. The learned court below is further directed to avoid granting unnecessary adjournments to the parties and make endeavours to maintain the time frame as the suit has been pending since 2007.

In view of the nature of the order which has been passed, this Court is satisfied that there is no need to hear the respondent.

This writ application is, accordingly, disposed of with aforesaid direction.

(V. Nath, J) Devendra/- U