Raj Kishore Singh v. Kameshwar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1148 of 2023 ====================================================== Raj Kishore Singh Son of Late Jagdish Singh Resident of Village-Deokali, P.S. Korha, District-Katihar.

... ... Petitioner/s

Versus

1.

Kameshwar Singh Son of Late Ram Bilash Singh Resident of Mohalla Laliyahi Katihar, P.S. Katihar, District-Katihar. 2.

Smt. Arti Devi Wife of Sri Anil Yadav Resident of Mohalla-Barmasiya Katihar, P.S. Katihar, District-Katihar.

3.

Rajesh Kumar Singh Son of Late Arjun Singh Resident of Mohallandra Nagar, Laliyahi, P.S. Katihar, District-Katihar. 4.

Bhim Singh Son of Lte Ram Kripal Singh Resident of Mohalla-Indra Nagar, Laliyahi, P.S. Katihar, District-Katihar.

5.

Pawan Singh Son of Late Ram Govind Singh Resident of Mohalla- Laliyahi, Katihar, P.S. Katihar, District-Katihar.

6.

Vijay Singh Son of Late Ram Govind Singh Resident of Mohalla- Laliyahi, Katihar, P.S. Katihar, District-Katihar.

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

For the Petitioner/s :

Mr.Mohit Agarwal, Advocate For the Respondent/s :

Mrs.Kanak Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-04-2024 The matter has been taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. The instant petition has been filed under Article

Patna High Court C.Misc. No.1148 of 2023(3) dt.25-04-2024 2/3 227 of the Constitution of India for issuance of an appropriate direction to the court of learned Sub-Judge VII, Katihar for concluding the trial of Title Suit No. 149 of 2007 within a specified period.

4. Learned counsel for the petitioner submits that the petitioner as the plaintiff has filed Title Suit No. 149 of 2007 and thereafter, the matter came up for recording of the evidence in the year 2018. But even after passage of six years, the matter is still at the stage of evidence of defendants and the learned trial court is not taking any interest towards prompt disposal of the suit. The petitioner has been made to suffer for more than 16 years for no fault on part of the petitioner.

5. Since the petitioner has come before this Court for early disposal of Title Suit No. 149 of 2007, I find that there is no need to issue notice to the respondents.

6. In view of the facts and circumstances of the case, learned Sub-Judge VII, Katihar is directed to take up matter with all earnest and try to dispose of Title Suit No. 149 of 2007 within a period of six months from the date of receipt/production of a copy of this order without granting unnecessary adjournments to the parties, who are directed to fully co-operate in disposal of the case.

Patna High Court C.Misc. No.1148 of 2023(3) dt.25-04-2024 3/3

7. With the aforesaid direction, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U