Ram Lakhan Prasad Singh v. Ram Narain Renu And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.795 of 2018 In First Appeal No. 34 of 2011 ====================================================== Ram Lakhan Prasad Singh Son of late Chhotan Singh Resident of Navnit Colony, Hanuman Nagar, Kankarbagh, Patna-20, P.S. - Patrakar Nagar, District- Patna.

.... .... Petitioner

Versus

1. Ram Narain Renu Son of late Bhola Mahto Resident of VillageDahabigha, P.O. Dahabigha, P.S. Hilsa, District- Nalanda at Present residing at J-55 P.C. Colony, Kankarbagh, Patna- 800020

2. Krishna Prasad Son of late Bhola Mahto At+P.O.- Dahabigha, P.S.- Hilsa, District- Nalanda, Pin Code- 801302

3. Jainendra Prasad Son of late Bhola Mahto At+P.O.- Dahabigha, P.S.- Hilsa, District- Nalanda, at Present residing at Q.No. 1050 Sector 12/A, Bokaro Still City, Dhanbad, Jharkhand pin Code 827012

4. Ajay Prasad Son of Krishan Prasad At +P.O.- Dahabigha, P.S. Hilsa, District- Nalanda , Pin Code 801302

5. Shashibhushan Prasad Son of Jainendra Prasad At +P.O.- Dahabigha, P.S. Hilsa, District- Nalanda , Pin Code 801302 .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-09-2018 The petitioner is looking for initiation of contempt proceeding against the opposite parties alleging that despite there being a direction in the order dated 08.08.2016 passed in F.A. No. 34/2011 that the appellants shall take proper steps so that the appeal be ready for hearing and the same may be disposed of as early as possible preferably within one year, the appellants are not taking steps and the whole purpose behind that is to delay in disposal of the First Appeal. This court is unable to understand as to how a contempt proceeding would lie for the reasons shown in

Patna High Court MJC No.795 of 2018 (2) dt.13-09-2018 the application. If at all the petitioner is of the view that the delay on the part of the appellants is causing delay in disposal of the First Appeal, he was required to bring it to the notice of the court dealing with the matter and not to file a contempt application. This contempt application has no merit. It is dismissed, accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U