Faiz Ahmad v. Ram Sunder Kamat

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22445 of 2012 ====================================================== Faiz Ahmad son of late Md. Mohsin resident of Vill-Bilaspur, AnchalHayaghat, PS-Hayaghat, Distt-Darbhanga. .... .... Petitioner/s

Versus

Ram Sunder Kamat son of Yogendra Kamat, resident of Vill-Dekuli, PSAnchal-Bahadurpur, Distt-Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivek Prasad, Advocate For the Respondent/s : Mr. Durga Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner as well as learned counsel for the respondent.

Gone through the order dated 18.03.2009 passed by learned District Judge, Darbhanga in Misc.Case No. 02/2009 whereby and whereunder Eviction Suit No. 14/2007 as well as Title Suit No. 162/2007 have been directed to be decided by the same court and for that purpose transferred both the cases to the court of Sub-Judge, 4th Darbhanga.

Without adverting to the lengthy argument canvassed at the bar as well as points involved, the nature of lis suggests that it should be decided by the same court and on account thereof, the order passed by the learned lower court to that extent is found appreciable. Accordingly, both the parties are directed to cooperate and the get the matter disposed of at an earliest and for

Patna High Court CWJC No.22445 of 2012 (3) dt.25-01-2016 that learned lower court is so directed, preferably within one year. The learned lower court is further directed to have judgments of both the cases delivered on the same date. With the aforesaid observation, the instant petition is disposed of.

(Aditya Kumar Trivedi, J) perwez U