Madhulika Devi v. The Registrar General,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1434 of 2024 ====================================================== Madhulika Devi Wife of Sri Anil Kumar, C/o. Late Badri Narayan, Main Road, Mahendru, Patna, Police Station- Sultananj, District- Patna. ... ... Petitioner/s

Versus

1.

The Registrar General, High Court, Patna.

2.

The Registrar, Civil Court, Patna.

3.

Md. Nasim Ahmad, Son of Md. Sahid Mian, Resident of Purandarpur, Mohalla, P.S.- Pirbahore, District- Patna.

4.

Md. Akbar Hussain, Son of Md. Sahid Mian, Resident of Purandarpur, Mohalla, P.S.- Pirbahore, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Prasad, Advocate Mr.Kaushal Kumar, Advocate For the Respondent/s :

Mr.Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-01-2025 Record has been taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of Patna High Court.

3. Learned counsel for the petitioner submits that the present petition has been filed only for a direction to learned Execution Civil Judge (Junior Division), Patna (Court No. 51) to hear and dispose of Execution Case No. 43 of 2024 expeditiously, which has been filed by the petitioner for execution of judgment and decree dated 12.03.2024 and 21.03.2024, respectively passed in Title Eviction Suit No. 29 of 2013. Learned counsel has relied on the decision of Hon'ble Supreme Court in the case of Rahul

Patna High Court C.Misc. No.1434 of 2024(2) dt.09-01-2025 2/2 S. Shah Vs. Jinendra Kumar Gandhi and Others, reported in (2021) 6 SCC 418, wherein the Hon'ble Supreme Court has issued certain guidelines for executing court to adhere to and has also directed that the executing proceeding must be concluded within six months. Thus, learned counsel submits that the learned trial court may be directed to hear the matter without giving unnecessary adjournments and dispose of the case as early as possible.

4. Since the petitioner has come before this Court with limited prayer for expeditious disposal of the Execution Case No. 43 of 2024, I do not think there is any need to issue notice to the private respondents.

5. Having regard to the facts and circumstances, learned executing court is directed to take up the Execution Case No. 43 of 2024 in all earnest and try to dispose of it at the earliest, keeping in back of mind the guidelines issued by the Hon'ble Supreme Court in the case of Rahul S. Shah (supra).

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

(Arun Kumar Jha, J) DKS/- U