Dushyant Kumar And ORS v. Sunil Kumar Sharma And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2842 of 2017 In Miscellaneous Appeal No.322 of 2014 ====================================================== 1.

Dushyant Kumar, Son of Late Ram Nandan Prasad, 2.

Devanandan Prasad, Son of Late Bhikham Prasad, 3.

Anirudh Kumar, 4.

Prabha Shankar, 5.

Sugriv Kumar, 6.

Rakesh Kumar, 7.

Mukesh Kumar, All sons of Sri Devanandan Prasad, Resident of Village- Nirpur, P.S.- Nursarai, District- Nalanda.

... ... Petitioner/s

Versus

1.

Sunil Kumar Sharma, Son of Sri Chamari Prasad, R/o Maurya Vihar Colony, Kumhrar, P.S. Agamkuan, District Patna 2.

Smt Rekha Devi, Wife of Sri Hari Shankar Prasad, R/o Village Dayanchak, P.O. Kaila, P.S. Sare (Asthawa), District Nalanda 3.

Smt. Savitri Devi, Wife of Brij Nandan Prasad, Resident of Village and Post Office- Chero, Police Station- Sarmera, District- Nalanda. 4.

Smt Snehlata Kumari, Wife of Late Ram Nandan Prasad, R/o Village Nirpur, P.O. Ganpura, P.S. Noorsarai, District Nalanda 5.

Smt Anjula Kumari, Wife of Sri Birendra Kumar and D/o Late Karo Prasad, R/o Village Deshurpar, P.O. Chandi, P.S. Chandi, District Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. J. S. Arora, Sr. Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-09-2023 Heard Mr. J.S. Arora, learned senior counsel, duly assisted by Mr. Manoj Kumar, learned counsel for the petitioners.

2. It is submitted that the present application has been

Patna High Court MJC No.2842 of 2017(5) dt.08-09-2023 2/3 filed for alleged non-compliance of the order of this Court dated 28.07.2016 passed in Misc. Appeal No. 322 of 2014. He further submits that so far the order under contempt passed in Misc. Appeal No. 322 of 2014 is concerned, the same stands disposed of vide order dated 25.06.2019 with a direction that status quo shall remain maintained on the suit land during the pendency of the suit and trial court is directed to conclude the trial of the Title Suit within six months from the date of receipt/production of a copy of the order passed by this Court.

3. However, it is of utter disregard and surprise that despite the order of this Court passed way back in the year 2019 to conclude the trial as stated above, till date the Suit has not been disposed of and, as such, he is fairly submitted before this Court that again he would be compelled to approach before this Court for filing another contempt.

4. Having considered the submissions, the present contempt petition stands disposed of with an expectation that the learned Sub-Judge-IX, Patna, who is in seisin of the case, shall ensure the compliance of the order of this Court, as has been passed in Misc. Appeal No. 322 of 2014, way back in the year 2019 itself.

5. In case, this Court would be informed that despite

Patna High Court MJC No.2842 of 2017(5) dt.08-09-2023 3/3 the direction and expectation, the order of this Court has not been complied expeditiously, the same would give rise to unpleasant situation and may lead to adverse order.

6. Accordingly, the present contempt application stands disposed.

(Harish Kumar, J) uday/- U