Most Shahida Khatoon @ Bibi Sahidan v. Haroon Ansari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1222 of 2023 ====================================================== 1.

Most Shahida Khatoon @ Bibi Sahidan D/o Late Bhola Mian, Wife of Late Khalil Mian, Resident of Village - Simana, P.O. - Garu Bazar, P.S. - Barari, District - Katihar.

2.

Rafique Ansari, Son of Late Khalil Mian, Resident of Village - Simana, P.O. - Garu Bazar, P.S. - Barari, District - Katihar. 3.

Hussain Ansari, Son of Late Khalil Mian, Resident of Village - Simana, P.O. - Garu Bazar, P.S. - Barari, District - Katihar. ... ... Petitioner/s

Versus

1.

Haroon Ansari resident of village- Mongra, Chandrama Chowk, P.S. - Mufassil, P.O. - Mongra, District- Katihar.

2.

Irshad Ansari, Resident of Simana, P.O.- Guru Bazar, P.S. Barari, DistrictKatihar. 3.

Nausahd Ansari, Resident of Simana, P.O.- Guru Bazar, P.S. Barari, DistrictKatihar. 4.

Laddu Ansari, Resident of Simana, P.O.- Guru Bazar, P.S. Barari, DistrictKatihar. 5.

Sajjad Ansari, Resident of Simana, P.O.- Guru Bazar, P.S. Barari, DistrictKatihar. 6.

Nawab Ansari, Resident of Simana, P.O.- Guru Bazar, P.S. Barari, DistrictKatihar. 7.

Sitara Khatoon, daughters of Gafur Mian, resident of Village Simana, P.O. - Guru Bazar, P.S. Barari District - Katihar.

8.

Angoori Khatoon, daughters of Gafur Mian, resident of village - Sapaitola, P.S. K. Hat, District- Purnea.

9.

Anwari Khatoon, daughters of Gafur Mian, and resident of village Simana P.O. Guru Bazar, P.S. Barari, District - Katihar. 10.

Shad Ansari, Son of Noman, Resident of village - Gogri, P.S. - Gogri, District- Khagaria.

11.

Sakir Ansari, Son of Noman, Resident of village - Gogri, P.S. - Gogri, District- Khagaria.

12.

Nasim, Son of Late Hadis Mian, resident of Tinpahar, P.S. and P.O. Tinpahar, New Tinpahar Railway Station District Shahebganj (Jharkhand). 13.

Shamim, Son of Late Hadis Mian, resident of Tinpahar, P.S. and P.O. Tinpahar, New Tinpahar Railway Station District Shahebganj (Jharkhand). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.

======================================================

Patna High Court C.Misc. No.1222 of 2023(2) dt.25-04-2024 2/3 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 petitioners.

2. On call, none appears for the petitioners.

3. The instant petition has been filed under Article 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. 254 of 2017 within a specific period.

4. From the record it appears that petitioners as the plaintiffs have filed Title Suit No. 254 of 2017 and thereafter, defendant nos. 1 to 9 have filed their written statement. It further transpires that petitioner no. 1 is an old lady aged 87 years and petitioner nos. 2 and 3 are aged 51 years and 59 years and the petitioners have showed their apprehension that the suit might not be disposed of during the life time of petitioner no. 1.

5. Since the petitioners have come before this Court for early disposal of Title Suit No. 254 of 2017, 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. 254 of 2017

Patna High Court C.Misc. No.1222 of 2023(2) dt.25-04-2024 3/3 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.

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

(Arun Kumar Jha, J) DKS/- U