Dr. S. M. Ali Imam And ANR v. S. M. Naiyer Imam And ORS
Patna High Court C.Misc. No.186 of 2018 (3) dt.17-07-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.186 of 2018 ======================================================
1. Dr. S. M. Ali Imam Son of Late S. M. Zareef, Zareef, Secretary of the Rauf Muslim Jamia (R.M.J.) At and P.S. + P.O.-Bahera, District-Darbhanga (Bihar).
2. S.M. Zafar Imam Son of Late S.M. Zareef, President of the Rauf Muslim Jamia (R.M.J.) At and P.S. + P.O.-Bahera, District-Darbhanga (Bihar). .... .... Petitioner/s
Versus
1. S. M. Naiyer Imam, Son of Late S.M. Zareef, Permanent Resident of Mohalla-Quaziana, P.O. and Police Station-Bahera, District-Darbhanga, Pin Code-847201 and at Present residing at 101-B, Hytech Apartment, Road, No.3, New Patlipura Colony, P.O. and Police station-Patliputra, DistrictPatna, Pin Code-800013.
2. Naiyer Azam, Son of Late M.S. Usmani, Resident of Village and P.O. Amari, Police Station-Khodawandpur, District-Begusarai, Pin Code848202.
3. Tashkil Kaifi.
4. Hafiz Tauqeer Saifi. Both Sons of Late S.M. Zaheer Alam, Resident of At & P.O. & P.S. Mahuwa, District-Vaishali, Pin Code-844121.
5. Samsul Hoda Son of Late Md. Soyeb, Resident of Mohalla-Qaziyana, P.O. and Police Station-Bahera, District-Darbhanga, .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sanjay Kumar For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2018 Heard Mr. Sarvdeo Singh, learned counsel appearing on behalf of the petitioners and Mr. R.S.Pradhan, learned senior counsel appearing on behalf of the respondents. The petitioners filed this civil miscellaneous petition against the order dated 09.01.2018 passed in Title Suit No.189 of 2014 by which the learned Sub Judge III, Darbhanga rejected the petition of the petitioner for staying the hearing of the suit and to
Patna High Court C.Misc. No.186 of 2018 (3) dt.17-07-2018 firstly decide Misc. Case No.60 of 2017.
Learned counsel for the petitioners submits that now the hearing of the suit is going on day to day and he wants that the Misc. Case No.60 of 2017 be also disposed of expeditiously, on such, Mr. R.S.Pradhan, learned senior counsel for the respondents does not raise any objection.
Taking into consideration the facts aforesaid, I dispose of this civil miscellaneous petition with a direction to the learned Sub Judge, Darbhanga, who is in seisin of the case, to dispose of Misc. Case No.60 of 2017 as soon as possible preferably within three months from the date of receipt of this order without staying the further proceeding of Title Suit No.189 of 2014. (Prabhat Kumar Jha, J) Saurabh/- U