Rajendra Singh v. Karnail Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1407 of 2024 ====================================================== 1.
Rajendra Singh son of S. Charan Singh, Resident of M/s Bhargo Saw Mill Compound, Mithapur, P.S.- Jakkanpur, District- Patna- 800001. 2.
Smt. Harjinder Kaur, wife of Rajendra Singh, Resident of M/s Bhargo Saw Mill Compound, Mithapur, P.S.- Jakkanpur, District- Patna- 800001. ... ... Petitioner/s
Versus
Karnail Singh son of S. Charan Singh, Resident of M/s New Azad Body Builders NH-30, Zero Miles, Patna- 800007 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Singh, Advocate For the Respondent/s :
Mr. Ashutosh Nath, Advocate Mr. Amritanshu Dangi, Advocate Md. Aatif Iqbal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-12-2024 Record being taken up on mentioning being made on behalf of the petitioners.
2. Heard learned counsel for the petitioner.
3. The petitioner has approached this Court seeking early disposal of Title Eviction Suit No. 07 of 2018 pending before the court of learned Sub Judge - 1st, Patna City.
4. Learned counsel for the petitioners submits that the eviction suit has been pending since 2018 on the ground that an application under Order 7 Rule 11(a) of the Code of Civil Procedure (in short 'the Code') filed on 22.04.2019 has been
Patna High Court C.Misc. No.1407 of 2024(2) dt.17-12-2024 2/3 pending and the learned trial court is neither disposing of the application filed under Order 7 Rule 11(a) of the Code or the title eviction suit.
5. Mr. Ashutosh Nath, learned counsel appears and submits that though he has yet to file vakalatnama on behalf of the respondent, the eviction suit has been filed on the basis of forged documents and criminal case has also been filed against the petitioners. Learned counsel further submits that he has already asked on a number of occasions for disposal of the application filed under Order 7 Rule 11(a) of the Code.
6. Having regards to the facts and circumstances of the case and considering the submission of the parties, learned Sub Judge - 1st, Patna City is directed to show some urgency in the matter as eviction suit has been pending since 2018. The learned trial court is directed to take up the application filed under Order 7 Rule 11(a) of the Code for its early disposal and if goes into the favour of the applicant of the eviction suit, that would be end of the matter. If it is decided against the applicant, the learned trial court is directed to dispose of Title Eviction Suit No. 07 of 2018 within a period of nine months from the date of receipt/production of a copy of this order.
Patna High Court C.Misc. No.1407 of 2024(2) dt.17-12-2024 3/3
7. With the aforesaid direction, the present petition stands disposed of.
(Arun Kumar Jha, J) DKS/- U