Uma Shankar Singh v. Punjab National Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1505 of 2019 ====================================================== Uma Shankar Singh Son of Late Sukhdev Singh, Resident of VillageKeshopur, Ward No. 9, P.S.-Barahara, District-Bhojpur. ... ... Petitioner/s

Versus

1.

Punjab National Bank Branch-Barahara, P.O. and P.S.-Barahara, DistrictBhojpur. 2.

Raj Nandan Singh, Son of Late Sukhdeo Singh, Resident of VillageKeshopur, P.O. and P.S.-Barhara, District-Bhojpur. 3.

Angad Singh, Son of Raj Nandan Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

4.

Indramani Singh, Son of Late Sukhdeo Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

5.

Yogendra Singh, Son of Indramani Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

6.

Anil Singh, Son of Indramani Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

7.

Dilip Singh, Son of Indramani Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

8.

Dheeraj Singh, Son of Indramani Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

9.

Ramashankar Singh, Son of Late Sukhdeo Singh, Resident of VillageKeshopur, P.O. and P.S.-Barhara, District-Bhojpur. 10.

Chandrashekhar Singh, Son of Ramashankar Singh, Resident of VillageKeshopur, P.O. and P.S.-Barhara, District-Bhojpur. 11.

Manoj Singh, Son of Ramashankar Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

12.

Raj Kumar Singh, Son of Rajnandan Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

13.

Satyadeo Singh, Son of Late Brahma Singh, Resident of Village-Keshopur, P.O. and P.S.-Barhara, District-Bhojpur.

14.

Suraj Kumar Singh, Son of Late Brahma Singh, Resident of VillageKeshopur, P.O. and P.S.-Barhara, District-Bhojpur. 15.

Ram Kabilash Singh, Son of Late Ramashish Singh, Resident of VillageKeshopur, P.O. and P.S.-Barhara, District-Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Respondent/s :

Ms. Archana Meenakshi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

Patna High Court C.Misc. No.1505 of 2019(6) dt.18-07-2022 2/3 ORAL ORDER 18-07-2022 Heard Mr. Bipin Bihari Singh, learned counsel for the petitioner and Ms. Archana Meenakshi for the Respondent/Bank.

Petitioner being a plaintiff in a suit for declaration of title filed an application under Order 39 Rule 1 & 2 of the CPC for injunction before the Sub Judge-14- Ara, Bhojpur. The said petition was dismissed on merit by the learned Sub-Judge vide order dated 18.04.2018 which was challenged by the petitioner before the learned lower appellate court of District & Sessions Judge, Ara.

The limited prayer of the petitioner is that the learned lower appellate court be directed to dispose the Misc. Appeal No. 07/2018 within a reasonable period of time inasmuch as the same is pending for the last four years.

Learned counsel appearing for the respondent/Punjab National Bank has not objection.

Having regard to the submissions made by the learned counsel for the parties and the fact that Misc. Appeal arising out of refusal of injunction is pending for four years, accordingly, I direct the concerned court to decide the Misc. Appeal No. 07/2018 one way or the other on its own merit within a period of three months from the date of

Patna High Court C.Misc. No.1505 of 2019(6) dt.18-07-2022 3/3 receipt/production of this order.

The present petition stands disposed of.

(Anil Kumar Sinha, J) perwez U