Disposed

Most. Smt. Maya Verma v. Sri Subodh Raj

Patna HC15 May 2015CWJC/8173/2013

Case brief

AI extract

What is this about?

Oral order allowing an interlocutory application to substitute the petitioner after her death and subsequently disposing of the writ application with a direction to the lower court to expeditiously dispose of a pending eviction suit filed on ground of personal necessity under special procedure, avoiding unnecessary adjournments.

What did the court decide?

Direction to the learned court below to expeditiously dispose of the eviction suit filed on the ground of personal necessity under Section 14 of the Bihar Buildings (Lease, Rent and Eviction) Control

Most. Smt. Maya Verma Vs Sri Subodh Raj — Landlord and Tenant | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8173 of 2013

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====================================================== Most. Smt. Maya Verma W/O Late Dr. Mahesh Chandra Prasad Verma R/O Pushpanjali Maya Mahesh Apartment, Boring Road, House Next To Jamuna Apartment, Police Station- Sri Krishnapuri, District And Town - Patna

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.... .... Petitioner/s

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Versus

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Sri Subodh Raj S/O Sri Rajendra Prasad Singh Prop. Of M/S Subodh Musical Grou, In The House Of Smt. Maya Varma, At Mohalla- Boring Road, House Next To Jamuna Apartment, Police Station- Sri Krishnapuri, District And Town- Patna

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.

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For the Respondent/s : Mr.

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

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CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT

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3 15-05-2015 This matter has been placed under the heading ‘To Be Mentioned’ at the instance of the petitioner.

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The interlocutory application (I.A. No. 3356 of 2013) praying for substitution of the sole petitioner stating that the he died on 05.04.2013 leaving behind her heirs and legal representatives as mentioned in paragraph-4 of this application is allowed and those heirs and legal representatives of the deceased sole petitioner are substituted in her place after expunging her

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Patna High Court CWJC No.8173 of 2013 (3) dt.15-05-2015

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name from the writ application.

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The learned counsel for the petitioner has submitted that his prayer is confined only for a direction to the learned court below for disposal of the pending Eviction Suit No. 12 of 2010 which has been filed seeking eviction of the defendant on the ground of personal necessity alone. It has also been submitted by the learned counsel that the delay is being caused due to dilatory tactics adopted by the defendant and not attributable to the plaintiff-petitioner.

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After considering the submissions and in view of the limited prayer of the learned counsel for the petitioner, this writ application is disposed of with direction to the learned court below to expeditiously dispose of the eviction suit which has been filed for eviction of the defendant on the ground of personal necessity alone under the special procedure of Section 14 of the Bihar Buildings ( Lease, Rent and Eviction) Control Act. Further, the learned court below is also directed to avoid granting unnecessary adjournments in view of the nature of the suit.

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In view of the nature of the order which has been passed, this Court is satisfied that there is no need to hear the respondent.

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Patna High Court CWJC No.8173 of 2013 (3) dt.15-05-2015

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This writ application is, accordingly, disposed of
with aforesaid direction.
(V. Nath, J)
Devendra/-
U

Most. Smt. Maya Verma v. Sri Subodh Raj

Case brief

What is this about?

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Most. Smt. Maya Verma v. Sri Subodh Raj

Case brief

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