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Patna High CourtMJC/3439/2025disposed

Dinesh Kumar @ Dinesh Singh v. Amit Kumar Singh

2025-12-12Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3439 of 2025 In CIVIL MISCELLANEOUS JURISDICTION No.655 of 2023 ====================================================== 1.

Dinesh Kumar @ Dinesh Singh Son of Late Tipan Singh @ Tapan Singh, Resident of Village- Karai, P.S.- Naubatpur, District- Patna. 2.

Sri Ujjwal Kumar @ Ujwal Kumar Son of Dinesh Singh @ Dinesh Kumar, Resident of Village- Karai, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

1.

Amit Kumar Singh S/o Late Braj Bhushan Prasad Singh, Resident of Village and P.O Karai, P.S Naubatpur, District- Patna- 801109. 2.

Ajay Kumar, Son of Lt. Bijaya Nandan Prasad Singh, Presently at F-C1, Sai Nilayam Apartment, Police Colony Anisabad, Patna-800002. 3.

Ravishankar Prasad Singh, Son of Lt. Ramchandra Prasad Singh, Presently at Shila Sadan, F-17, Vijay Nagar, Hanuman Nagar, P.S- Patrakar Nagar, Dist.- Patna-26.

4.

Krishna Kumar Singh, Son of Lt. Kedar Nath Singh, Resident of VillageKarai, P.S- Naubatpur, District- Patna. 5.

Ayodhya Prasad Singh, Son of Lt. Tipan Singh, Resident of Village- Karai, P.S- Naubatpur, District- Patna.

6.

Sushil Kumar, Son of Lt. Ram Narayan Singh, Resident of Village- Karai, P.S- Naubatpur, District- Patna.

7.

Suraj Kumar (Minor), Son of Sushil Kumar, Under the Guardianship of father and well-wisher and Next Friend Sushil Kumar. Resident of VillageKarai, P.S- Naubatpur, District- Patna. 8.

Amit Kumar, Son of Lt. Ram Kewal Singh, Resident of Village- Karai, P.SNaubatpur, District- Patna. 9.

Bishal Kumar (Minor), Son of Amit Kumar, Under the Guardianship of father and well-wisher and Nex Friend Amit Kumar. Resident of VillageKarai, P.S- Naubatpur, District- Patna. 10.

Smt. Anju Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Santosh Kumar, Presently at Village- Faridpur, P.S- Naubatpur, Distt.- Patna. 11.

Smt. Sandhya Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Dhananjay Kumar, Presently at Village- Zafra Bhagwanpur, P.S- Naubatpur, Distt.- Patna.

12.

Smt. Puja Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Suman Kumar, Presently at Village- Chechaul, P.S.- Naubatpur, Distt.- Patna. 13.

Smt. Rakhi Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Manjit Kumar, Presently at Village- Rauniya, P.S- Naubatpur, Distt.- Patna. 14.

Sri Rabi Kumar, Son of Dinesh Singh @ Dinesh Kumar, Resident of Village- Karai, P.S- Naubatpur, District- Patna.

Patna High Court MJC No.3439 of 2025(7) dt.12-12-2025 2/3 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambarish Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kishore Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. This application has been filed for modification of the order dated 18.07.2025 passed by this Court in Civil Misc. No. 655 of 2023, whereby and whereunder this Court directed the learned trial court to dispose of the Misc. Case No. 28 of 2023 within three months, by extending the period of disposal of the aforesaid miscellaneous case for a further period of six months.

3. Having regard to the submission advanced on behalf of the parties, I am not inclined to extend the time framed for disposal of Misc. Case No. 28 of 2023 pending before the court of learned Civil Judge (Senior Division)-5th, Danapur, Patna as the petitioners have violated the undertaking given before this Court when the order dated 18.07.2025 has been passed in Civil Misc. No.655 of 2023.

4. However, learned counsel appearing on behalf of the respondents very fairly submits that by way of last

Patna High Court MJC No.3439 of 2025(7) dt.12-12-2025 3/3 opportunity, further time of two months may be given to the learned trial court for disposal of Misc. Case No. 28 of 2023. The learned counsel also submits that the evidence of the respondents, who are petitioners in the miscellaneous case, has been completed and due to delaying tactics adopted by the opposite parties, the matter has not been disposed of.

5. The learned trial court is directed to take up the matter and dispose of it within two months and frivolous pleas for adjournment should be strictly dealt with by the learned trial court.

6. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) V.K.Pandey/- U T