Disposed

Sri Shyam Nandan Singh @ Ram Pravesh Singh v. Ram Ratani Devi and Ors.

Patna HC17 Nov 2016MA/574/2014

Case brief

AI extract

What is this about?

Appeal against dismissal of injunction petition disposed of. Court ordered trial court to decide the suit including interlocutory matters within nine months, maintaining status quo and dispensing with further appellate orders until final judgment.

What did the court decide?

Order appealed against communicated to trial court; suit and incidental matters to be decided in final judgment within 9 months.

Sri Shyam Nandan Singh @ Ram Pravesh Singh Vs Ram Ratani Devi and Ors. — Partition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.574 of 2014

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====================================================== Sri Shyam Nandan Singh @ Ram Pravesh Singh .... .... Appellant/s Versus Ram Ratani Devi & Ors. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rajendra Narayan For the Respondent/s : Mr. Gautam Kumar Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10 17-11-2016 Heard learned counsel for the parties.

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In the present case, the appellant is challenging the order, dated 28.08.2014, passed in Title Suit No. 463 of 2009 by the learned 3^rd Subordinate Judge, Patna, whereby and whereunder the Court below has rejected the injunction petition claiming to be without any cogent reason. The parties have agreed that instead of deciding the case on merit, this Court should pass an order of status quo as has been done vide order, dated 15.12.2014. As on that date, this Court has passed the order for maintaining the status quo, parties have agreed that they will cooperate effectively in the disposal of suit. As has been informed by the parties, that the defendant has already filed the written statement and it is at the stage of framing of the issues, let the Trial Court should decide the Suit itself preferably within a period of 9 months from the date of receipt/production of a copy of this order, the same will be on the

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Patna High Court MA No.574 of 2014 (10) dt.17-11-2016

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2/2

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subject of cooperation extended by the parties.

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It is also made clear that whatever the interlocutory petitions are filed will be decided by the Trial Court at the stage of the final Judgment and the parties are at liberty to take recourse or take point in the appeal, so that instead of deciding the incidental matter of objection raised by the parties all will be decided in the final judgment. There is no need to pass any order in between.

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Let this order be communicated to the Court below for

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early disposal of the suit.

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This appeal is disposed of accordingly.

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(Shivaji Pandey, J)

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sunil/U

Sri Shyam Nandan Singh @ Ram Pravesh Singh v. Ram Ratani Devi and Ors.

Case brief

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Sri Shyam Nandan Singh @ Ram Pravesh Singh v. Ram Ratani Devi and Ors.

Case brief

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