Swami Damodar Prapanacharya @ Damodarcharya v. The Registrar, Gaya Civil Court

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1753 of 2019 ====================================================== Swami Damodar Prapanacharya @ Damodarcharya aged about 35 years, male, Chela/ Pupil of Late Swami Raghwacharya of Ramanuja Math and Swami Raghvendracharya Tridandi Aurved Medical College and Hospital Karjara, Gaya and Deoghat Gaya, P.S. Vishnupad, District- Gaya, Bihar. ... ... Petitioner

Versus

1.

The Registrar, Gaya Civil Court Gaya.

2.

Swami Venkteshcharya @ Venktesh Prapanacharya so- called Mahanth Ramanuja Math Deoghat Gaya, P.S.- Vishnupad, District- Gaya. 3.

Swami Lakshmi Prapannajiyar Chela, Swami Vishwak Senacharya Tridandi Swami, R/o Tradandi Swami Samadhisthal Charitraven, Buxar, Bihar.

4.

Rampukar Mishra Manager of Ramanuj Math/ Rajasthan Bhawan/ Clerk in Swami Raghvendracharya Tradandi Ayurved Medical College and Hospital Karjara Gaya and Deoghat Gaya, P.S.- Vishnupad, District- Gaya, Bihar.

5.

Gaadi Srinivashacharya Kanchi Pratiwadi Bhyankar Math Sanidhi Vidhi Street 31/13 Kachipuram State of Tamil Nadu.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Y.V. Giri, Sr. Advocate Mr. Pranav Kumar, Advocate.

For the Respondents :

Mr. Bindhyachal Singh, Advocates Ms. Smriti Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 12-12-2019 The present petition has been filed for the following reliefs as formulated by the petitioner - "(i) To issue appropriate writ/order/direction in the nature of mandamus commanding the respondent no. 1 to conclude the hearing and pass final order in Title Suit No. 09 of 2018/38 of 2018 filed by the petitioner on 11.01.2018 within a period of one year.

Or

Patna High Court C.Misc. No.1753 of 2019 dt.12-12-2019 2/3 To issue appropriate writ/order/direction in the nature of mandamus commanding the respondent no. 1 to conclude the hearing and pass final order in Title Suit No. 09 of 2018/38 of 2018 on day to day hearing basis withing a reasonable time period filed on behalf of the petitioner without granting unnecessary adjournments to either parties.

(ii) To issue appropriate writ/order/direction in the nature of mandamus commanding the other respondents to cooperate in early disposal of Title Suit No. 09 of 2018/38 of 2018 filed by the petitioner and does not cause unnecessary delay in disposal of the said title suit.

(iii) To issue appropriate writ/order/direction in the nature of mandamus commanding the respondent no. 2 to 5 not to alienate or dispose of the property of the Ramanuja Math and Swami Raghvendracharya Tridandi Aurved Medical College and Hospital Karjara, Gaya and Deoghat Gaya during the pendency of the suit no. 09 of 2018/38 of 2018.

(iv) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case."

2. Mr. Y.V. Giri, learned Senior counsel appearing on behalf of the petitioner submits that the subject matter of Title Suit No. 09 of 2018/38 of 2018 filed by him relates to the property of the Ramanuja Math and Swami Raghvendracharya Tridandi Aurved Medical College and Hospital Karjara, Gaya and Deoghat, Gaya which the respondent nos. 2 to 5 are disposing of and as such there

Patna High Court C.Misc. No.1753 of 2019 dt.12-12-2019 3/3 is urgency that the matter be heard by the learned Court below and be disposed of expeditiously.

3. Having regard to the nature of the relief sought, the petition is disposed of with the observation that the learned Court below may take steps for disposal of Title Suit No. 09 of 2018/38 of 2018 in accordance with law and without granting unnecessary adjournments to either party.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 16.12.2019 Transmission Date N.A.