Shravan Kumar @ Sharwan Kumar v. Ashok Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1187 of 2024 ====================================================== Shravan Kumar @ Sharwan Kumar S/o Umesh Prasad, Resident of C/o Umesh Prasad, Village-Repura, Post-Baijnathpur, Hisua, P.S.-Sitamarhi, District-Nawada, Pincode-805103 Bihar.

... ... Petitioner/s

Versus

1.

Ashok Kumar son of Late Bindeshwari Singh, R/o Village-Repura, PostBaijnathpur, Hisua, PS-Sitamarhi, District-Nawada, Pincode-805103 Bihar. 2.

Upendra Singh, son of Late Bindeshwari Singh, R/o Village-Repura, PostBaijnathpur, Hisua, PS-Sitamarhi, District-Nawada, Pincode-805103 Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2024 The record has been taken up on mentioning being made on behalf of the petitioner.

2. Learned counsel for the petitioner submits that the petitioner has approached this Court with limited prayer seeking direction to the learned Sub-Judge I, Nawada to dispose of the application dated 08.03.2022 filed under Order 39 Rule 1 read with Section 151 of the Code of Civil Procedure and also to decide the Original Suit No. 94 of 2017 (Shravan Kumar Vs. Ashok Kumar & Anr.) within a time frame.

3. Since the petitioner has approached this Court with limited prayer for expeditious disposal of the application filed under Order 39 Rule 1 read with Section 151 of the Code of

Patna High Court C.Misc. No.1187 of 2024(2) dt.19-11-2024 2/2 Civil Procedure and also early disposal of Original Suit No. 94 of 2017 (Shravan Kumar Vs. Ashok Kumar & Anr.), I do not think that there is any need to issue notice to the respondents.

4. Having regard to the facts and circumstances and submission made on behalf of the petitioner, learned Sub-Judge I, Nawada is directed to dispose of the application dated 08.03.2022 filed under Order 39 Rule 1 read with Section 151 of the Code of Civil Procedure within a month from the date of receipt/production of a copy of this order. Learned Sub-Judge I, Nawada is further directed to take steps for early disposal of Original Suit No. 94 of 2017, within three months thereafter since it has been submitted by learned counsel for the petitioner that the evidence of both the sides have been closed.

5. With the aforesaid observation, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U