Hira Prasad Pandey v. Central Bank Karmachari Swablambi Coop Society Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.881 of 2012 ======================================================

1. Hira Prasad Pandey (Judge Rtd.) Advocate- Patna High Court, S/o. Late Rash Bihari Pandey, permanent address P.C. Sarkar Lane, Manik Sarkar, Bhagalpur- 812001, at present residing at Swablambi Apt. No. 306, Daud Bigha, P.O. Bahadurpur Housing Colony, P.S. Agamkuan, Patna- 26.

.... .... Appellant/s

Versus

1. Central Bank Karmachari Swablambi Co-Op Society Ltd. Through Dilip Kumar, S/o. Late Sukhdeo Prasad, R/M- Sakri Gali, P.O. Gulzarbagh, P.S. Alamganj, Distt. Patna.

2. Smt. Babita Singh, W/o. Priyadarshi Rajnish Kumar.

3. Priyadarshi Rajnish Kumar, S/o. Umesh Chandra Singh. 1M/15 Near Dr. Pramila Gupta, Mahatma Gandhi Nagar, Kanti Factory Road, P.S. Agamkuan, Distt. Patna.

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

For the Appellant/s : Mr. Hira Prasad Pandey, In Person For the Respondent Nos.2 & 3: Mr. Mirgendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-08-2018 Heard Mr. Hira Prasad Pandey, in person and learned counsel for the respondent nos.2 & 3 but none turned up on behalf of respondent no.1 in spite of putting appearance in the case. Appellant has preferred his miscellaneous appeal against the order dated 10.10.2012 passed by the learned Sub Judge-V, Patna City in T.S. No.79 of 2007 whereby learned lower court turned down the prayer of the appellant to maintain status quo regarding property in question.

During the course of argument, learned counsel for the respondent nos.2 & 3, who happens to be the subsequent

Patna High Court MA No.881 of 2012 (13) dt.29-08-2018 2/ 2 purchaser of the property in question, undertakes that the respondents are not going to enter into the disputed flat till the disposal of the T.S. No.79 of 2007 provided the case is heard on day to day basis and the appellant extends all sort of co-operation in disposal of the aforesaid suit.

Appellant, who is present in person before this Court, also undertakes to extend all sort of co-operation in disposal of the suit within the time bound period.

In the facts and circumstances and with consensus of parties, this appeal is disposed of with a direction to the learned lower Court to dispose of T.S. No.79 of 2007, within a period of six months positively from the date of receipt/production of a copy of this order by fixing the case on day to day basis and all the parties to the suit are also directed to extend all sort of co-operation in the disposal of the suit within the stipulated period. (Prakash Chandra Jaiswal, J) Trivedi/- U T