Rambhaju Paswan @ Rambhuj Paswan v. Jainath Paswan

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.162 of 2020 ====================================================== Rambhaju Paswan @ Rambhuj Paswan Son of Late Balchand Paswan Resident of Village- Keshofarkha, P.O. and P.S.- Sono, District- Jamui. ... ... Petitioner/s

Versus

1.

Jainath Paswan Son of Late Balchand Paswan Resident of VillageKeshofarka, P.O. and P.S. Sono, District- Jamui. 2.

Mahendra Paswan Son of Late Darbari Paswan Resident of VillageKeshofarka, P.O. and P.S. Sono, District- Jamui. 3.

Jagdish Paswan Son of Late Darbari Paswan Resident of VillageKeshofarka, P.O. and P.S. Sono, District- Jamui. 4.

Bishundeo Paswan Son of Late Darbari Paswan Resident of VillageKeshofarka, P.O. and P.S. Sono, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-07-2022 Heard Mr. Prakash Mahto, learned counsel for the petitioner.

The present application has been filed by the petitioner, who is plaintiff in a partition suit with a limited prayer that the learned trial court be directed to dispose of the petition dated- 29 / 11 / 2018, which has been filed for restraining the defendants from making construction or change the nature of the suit land during the pendency of the suit. Learned counsel for the petitioner submits that the petitioner filed a suit for partition bearing Partition Suit No. 260 / 2018 claiming his share upon the joint family property in

Patna High Court C.Misc. No.162 of 2020(4) dt.11-07-2022 2/2 which he filed a petition on 29-11-2018 for grant of status quo and for restraining the defendants not to change the nature of the suit land during its pendency. He further submits that the learned trial court appointed Pleader Commissioner for local inspection, who submitted his report by Annexure - 5 to the present petition regarding local inspection but since 2018 four years have passed but the petition dated 29 / 11 / 2018 has not been disposed up till now.

Having heard learned counsel for the petitioner and taking into consideration the fact that the petition filed by the petitioner dated 29 / 11 / 2018 is still pending, accordingly, I direct learned trial court i.e. Sub Judge 1st , Jamui to dispose of the petition dated 29-11-2018 one way or the other in accordance with law within a period of three months from the date of receipt / production of a copy of this order. Accordingly, this civil miscellaneous application stands disposed of.

(Anil Kumar Sinha, J) praful/- U