Partly allowed

Prasadi Mandal and Ors. v. Gagadhar Mandal and Ors.

Patna HC19 Jul 2013MA/369/2005

Case brief

AI extract

What is this about?

The High Court disposed of an appeal under Order 43 Rule 1 CPC against a single judge's rejection of the appointment of a receiver in a title suit. The court directed the trial court to dispose of the case expeditiously.

What did the court decide?

Directed the trial court to dispose of the suit expeditiously and preferably in terms of the report forwarded by letter dated 24.6.2013.

Prasadi Mandal and Ors. Vs Gagadhar Mandal and Ors. — Execution and Attachment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.369 of 2005

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====================================================

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Prasadi Mandal

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Baisakhi Mandal 3. Prakash Mandal 4. Anup Lal Mandal, all sons of Budhdeo Mandal. 5. Adhik Lal Mandal son of late Sudhu Lal Mandal

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Ganesh Mandal son of late Kishan Mandal

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Parmanand Mandal son of late Suresh Mandal

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Narayan Mandal son of late Kishan Mandal

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Sita Ram Mandal son of late Banwari Mandal 10. Sakhi Chandra Mandal son of late Baldeo Mandal 11. Deonandan Mandal

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Mahesh Mandal both sons of late Sahdeo Mandal 13. Anandi Mandal 14. Paras Mandal, both son of late Mahadeo Mandal all residents of village & P.O. Ambatola Sadanandpur Baisa, P.S. Kahalgoan in the District of Bhagalpur .... .... Appellant/s Versus

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Gagadhar Mandal 2. Ghanshyam Mandal, both sonof late Baiju Mandal 3. Nawal Kishore Singh 4. Jugal Kishore Singh, both son of late Dhaneshwar Mandal 5. Manikant Singh minor son of late Jaikishore Singh under the natural guardianship of his mother Indu Devi

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Indu Devi wife of late Jai Kishore Singh 7. Yogendra Mandal 8. Devendra Mandal 9. Basuki Mandal 10. Bhopendra Mandal 11. Ramjeet Mandal all sons of late Ayodhi Mandal 12. Sikandar Mandal son of Rajendra Mandal 13. Mahendra Mandal son of late Sunder Mandal 14. Gopal Mandal son of late Mangan Mandal 15. Kamleshwari Mandal 16. Bimal Mandal 17. Suresh Mandal 18. Sitaram Mandal 19. (A) Sango Devi wife of Jogi Mandal (B) Karuna Devi wife of Upendra Mandal

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(D) Prema Devi, wife of Tuntun Mandal 20. Ranjan Mandal 21. Sarwan Mandal 22. Manohar Mandal, all sons of late Kali Mandal 23. Janardan Mandal son of late Dhivi Mandal

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Hari Mandal 25. Jai Mangal Mandal, both sons of late Khantar Mandal all are residing at village and P.O. Amba Sadanandpur, P.S. Kahalgaon in

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Patna High Court MA No.369 of 2005 (14) dt.19-07-2013

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2 / 3

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the District of Bhagalpur

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.... .... Respondent/s

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==================================================== Appearance : For the Appellant/s : Mr. Ashutosh Jha, Adv. Mr. Narendra Pandey, Adv. For the Respondent/s : Mr. Manoj Kumar Jha, Adv. ==================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14 19-07-2013 Heard Mr. Ashutosh Jha, learned counsel for the appellants. Though the respondents have appeared through counsel but there is no representation on their behalf.

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This appeal under Order 43 Rule 1(s) of the Code of Civil Procedure is directed against the order dated 22.7.2005 passed by the Sub-ordinate Judge-III, Bhagalpur in Title Suit No. 181 of 2004 whereby the prayer of the appellants as a plaintiffs in the Court below for appointment of the receiver under the provisions of Order 40 Rule 1, has been rejected.

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Pursuant to the order of this Court a report was called for from the Trial Court and in which it has been stated that although issues have been settled but the hearing has been delayed by persistent filing of the interlocutory applications by the parties. However, it is stated by the learned trial Judge that the expected time for disposal of the suit would be at least one year.

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In view of the report submitted by the trial Judge, this Court without entering into the merits of the issue raised before this

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Patna High Court MA No.369 of 2005 (14) dt.19-07-2013

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3 / 3

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Court, disposes of this appeal with a direction to the trial Court to dispose of the suit expeditiously and preferably in terms of the report forwarded to this Court by letter dated 24.6.2013.

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(Jyoti Saran, J)

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Bibhash/-

Prasadi Mandal and Ors. v. Gagadhar Mandal and Ors.

Case brief

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Prasadi Mandal and Ors. v. Gagadhar Mandal and Ors.

Case brief

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