Praveen Shankar v. Navin Shankar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1059 of 2023 ====================================================== Praveen Shankar, Son of Late Rajeshwar Lal, Resident of House No. 59, Patliputra Colony, P.O. and P.S. Patliputra, District - Patna. ... ... Petitioner/s

Versus

1.

Navin Shankar, Son of Late Rajeshwar Lal, Resident of House No. 59, Patliputra Colony P.O. and P.S. Patliputra, District - Patna. 2.

Rajiv Shankar, Son of Vinod Shankar, Resident of House No. 59, Patliputra Colony P.O. and P.S. Patliputra, District - Patna. 3.

Madhu Lata, W/o Parmanand Yadav, Residence of Flat No. 203, Anand Tilak Enclave, Road No. 2C, G.D. Mishra Path, P.S. Patliputra, District Patna.

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

For the Petitioner/s :

Mr.Mani Bhushan Kumar, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner.

2. The instant petition has been filed seeking following relief :

"For the direction to the Sub-Judge 2nd Patna Civil Court to dispose of the injunction petition which was filed on 18.07.2018 and to issue Writ/Writs, Direction/Directions as your lordships may deem fit and proper in the facts and circumstances of the case".

3. At the very outset, learned counsel for the petitioner submits that the petitioner has filed Title Suit No. 288

Patna High Court C.Misc. No.1059 of 2023(2) dt.30-11-2023 2/2 of 2018 before the learned court below in which an injunction petition under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure has been filed on 18.07.2018, but even after passage of more than four years, the said petition is still pending. The learned counsel further submits that it will suffice if a direction for disposal of the injunction petition within a reasonable period is issued without entering into the detailed merits of the matter.

4. Having considered the aforesaid submission of the petitioner, this petition is disposed of with a direction to the court of learned Sub-Judge, 2nd, Patna to dispose of the aforesaid injunction petition dated 18.07.2018 of the petitioner on its merits and in accordance with law within a period of one month from the date of receipt/production of a copy of this order. (Arun Kumar Jha, J) V.K.Pandey/- U