Amarjeet Kumar v. Naresh Kumar Chaudhary
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1050 of 2017 ====================================================== 1.
Amarjeet Kumar son of Ashok Kumar, residents of Mohalla- Alinagar, P.S.- Biharsharif, District- Nalanda.
2.
Samarjeet Kumar, sons of Ashok Kumar, 3.
Archana Gupta, 4.
Seema Kumari, 5.
Akanchha, daughters of Ashok Kumar, 6.
Ashok Kumar, son of Late Munshi Sao, 7.
Anita Devi, wife of Umesh Kumar, 8.
Smt. Punam Devi, wife of Sanjay Kumar, 9.
Sita Devi, wife of Jitendra Bhushan Vidyarthi, All residents of MohallaAlinagar, P.S.- Biharsharif, District- Nalanda. ... ... Petitioner/s
Versus
1.1. Most. Savita Devi @ Savitri Devi widow of Late Naresh Kumar Chaudhary, resident of Mohalla Saluganj Katra, P.S. Laheri, P.S. Biharsharif, District Nalanda.
2.
Bhola Chaudhary, son of Late Bhodhu Chaudhary, resident of MohallaPaharpura, P.O.- Biharsharif, P.O.- Bihar, District- Nalanda. 3.
Ranjay Kumar @ Ranju Kumar, son of Late Devi Nandan Prasad, resident of Mohalla- Paharpura, PO and PS- Biharsharif, District- Nalanda. 4.
Vakil Khan, son of Late Rashid Khan, resident of Mohalla- Badi Dargah, Pathan Toli, PO and PS- Biharsharif, District- Nalanda. 5.
Mohd. Naseem, son of Late Kasim Miyan, resident of Mohalla- Balki Katra, P.O. and P.S.- Biharsharif, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kishore Verma, Advocate Mr. Anjani Kumar, Advocate Mr. Abhishek Kumar Shrivastava, Advocate Mr. Abhay Nath, Advocate Ms. Shweta, Advocate Mr. Yash Raushan, Advocate Mr. Shreyash Gopal, Advocate Mr. Ravi Raj, Advocate Mr. Kumari Shreya, Advocate For the Respondent/s :
Mr. Sanjay Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-09-2024 The petitioners have approached this Court against the
Patna High Court C.Misc. No.1050 of 2017(6) dt.12-09-2024 2/3 order dated 17.04.2017 passed by learned Additional District Judge-III, Nalanda at Biharsharif in Civil Misc Appeal No. 17 of 2016 affirming the order dated 17.08.2016 passed in Title suit No. 74 of 2015 passed by learned Sub Judge-4, Nalanda at Biharsharif, rejecting the prayer of injunction on the suit property filed by the plaintiffs/petitioners.
2. After making submission for sometime, learned counsel for the petitioners submits that the suit has been filed in the year 2015 and is stuck at the stage of filing of the written statement. Learned counsel further submits that since the suit is pending for last nine years, the learned trial court may be directed to dispose of the same within six months and till this period, no alienation be made by either of the parties, so that the property of lis is preserved. With the aforesaid direction, the present petition may be disposed of.
3. Learned counsel appearing on behalf of the respondents have no objection to the disposal of the suit in this manner within the stipulated period of six months. However, learned counsel submits that the timeline may be strictly adhered to if any status quo is granted over the suit property against making any alienation.
4. In the light of aforesaid submission, learned trial
Patna High Court C.Misc. No.1050 of 2017(6) dt.12-09-2024 3/3 Court is directed to take up the matter on urgent basis and proceed to dispose of the same at the earliest and preferably within a period of six months from date of receipt/production of a copy of this order without granting unnecessary adjournment to either of the parties.
5. Till the disposal of the suit or for further six months, whichever is earlier, the parties are directed not to alienate or transfer or create any third party interest over the suit properties.
6. With the aforesaid direction, the instant civil miscellaneous petition stands disposed of.
(Arun Kumar Jha, J) Amandeep/- U