Suresh Yadav @ Suresh Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1 of 2019 ====================================================== Suresh Yadav @ Suresh Rai Son of Deb Sharan Ray Resident of East Saristabad,Anisabad,Bitaura,P.S. Jakkanpur, Patna,Dist.-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna, Old Secretariat, Patna.

2.

Bhim Shankar Tiwary Son of Late Rameshwar Tiwary Resident of Kalyani Co-Operative, New Area Harnichak, Near Satya Gas Godown, P.O.Anisabad,P.S.Beur, Dist.-Patna.

3.

Ranju Devi D/o of Ramanand Upadhayay Resident of Kalyani CoOperative, New Area Harnichak, Near Satya Gas Godown, P.O.Anisabad,P.S.Beur, Dist.-Patna.

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

For the Petitioner/s :

Mr.Santosh Kumar Verma, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha -GA7 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 13-02-2020 Heard learned counsel for the petitioner.

2. The present petition has been filed "for a direction to the Court below/District Judge, Patna to dispose of the Title Appeal No. 21 of 2017 and Title Appeal No. 22 of 2017 pending in the Court of District Judge, Patna."

3. Learned counsel for the petitioner (respondent in the title appeal) invites reference to the order dated 06.03.2017 by which notice was issued to the petitioner herein, on the issue of limitation was under consideration. In the meantime, operation of the execution order of the Court below was directed to remain stayed till the next date. It is submitted that even after lapse of almost two years thereafter, no significant progress in the case has been made and the condonation petition filed by the appellants remains pending. So also, the order of stay of the

Patna High Court C.Misc. No.1 of 2019 dt.13-02-2020 2/2 execution proceeding has been extended from time to time and continues to be in operation till date.

4. Having regard to the nature of the grievance of the petitioner and that the title appeals remained pending for more than two years, the petition is disposed of with the observation that the learned Court below may, having regard to any exigencies obtaining in the case, consider expeditious disposal of Title Appeal No. 21 of 2017 and Title Appeal No. 22 of 2017, preferably within a period of two months from the date of receipt/production of a copy of this judgment.

5. Learned counsel for the State appears. Considering the nature of the directions as above, no notice to the respondent nos. 2 and 3 was considered necessary.

(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.02.2020 Transmission Date NA