Disposed

Pramod Prasad Mehta @ Pramod Mehta and Ors. v. Satya Narain Prasad Mehta and Ors.

Patna HC22 Nov 2018CWJC/15435/2016

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition seeking directions for the disposal of a pending title suit. Directing the Sub-Judge to complete the trial within nine months, the Court held that no counter-affidavit was necessary due to the nature of the order. The writ application was disposed of with observations.

What did the court decide?

Direction to Sub-Judge-I, Purnea to conclude the title suit trial within nine months.

Pramod Prasad Mehta @ Pramod Mehta and Ors. Vs… — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15435 of 2016

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1. Pramod Prasad Mehta @ Pramod Mehta (Substituted Plaintiff no. 1).

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1. Binod Prasad Mehta @ Binod Mehta (Substituted Plaintiff no. 1(a) (b).

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Ashok Kumar Mehta (Substituted Plaintiff no. 1(c). 4. Shushil Kumar Mehta @ Shushil Mehta (Substituted Plaintiff no. 1(d).

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Arbind Kumar Mehta @ Arbind Mehta (Substituted Plaintiff no. 1(e).

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Rabindra Kumar Mehta (Substituted Plaintiff no. 1(f).

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Abhash Kumar Mehta @ Abhash Kumar (Substituted Plaintiff no. 1(a) (i).

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Prabhash Kumar Mehta @ Prabhash Kumar (Substituted Plaintiff no. 1(a) (ii)). (Both sons of late Amod Prasad Mehta Plaintiff no. 1(a)). All are heirs of Srimati Dropadi Devi, wife of Ambika Prasad Mehta and daughter of Late Sukhdeo Prasad Mehta, resident of Village- Gokulpur, P.S. K.Nagar, District- Purnia.

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... ... Petitioner/s Versus

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Satya Narain Prasad Mehta 2. Suresh Prasad Mehta 3. Lakshman Prasad Mehta 4. Ramesh Mehta All sons of Sundar Prasad Mehta, resident of Village- Mahamadpur, P.S. K.Nagar, District- Purnia.

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Pradip Kumar Mehta 6. Kishor Kumar Mehta 7. Balbant Kumar Mehta 8. Manoj Kumar Mehta 9. Raj Kumar Mehta 10. Dharmendra Kumar Mehta 11. Santosh Kumar Mehta All Defendant no. 5 to 11 are sons of Ishwari Prasad Mehta, resident of Village- Gokulpur, P.S. K.Nagar, District- Purnia.

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Kalabati Devi @ Kalo Devi D/o Late Sukhdeo Prasad Mehta resident of Village- Gokulpur, P.S. K.Nagar, District- Purnia, At present Garhia Balva, P.S. K.Nagar, District- Purnia.

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The State of Bihar through the Principal Secretary, Revenue and Land Reforms Deparment, Govt. of Bihar, Patna. ... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Sharan Singh For the Respondent/s : Mr. Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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Patna High Court CWJC No.15435 of 2016(2) dt.22-11-2018 2/3

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ORAL ORDER

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2 22-11-2018 Head learned counsels for the petitioner and the

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respondent-State.

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The present writ application has been filed for a direction for disposal of Title Suit No.03 of 2003, pending before the Sub-Judge, 1^st Purnea.

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It is submitted by learned counsel for the petitioner that in the said Title Suit, defendant appeared and submitted written statement. The evidence of the plaintiff has concluded on 13.6.2011 and thereafter only one witness has been examined on behalf of the defendant and since then no progress has been made in the said title suit in question and the Title Suit No.03 of 2003 has been kept pending.

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The writ application was registered on 09.09.2016, but there is nothing on record to suggest that any counter affidavit has been filed till date. Moreover, in view of the nature of order this Court intends to pass, there is no need of either adjourning the matter any further or issuing notice to private respondents.

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Though, there is nothing on record with regard to the present stage of the case, but considering the fact that Title Suit was registered in the year 2016, and in the interest of justice, it is expected from the Sub-Judge-I, Purnea to conclude the trial, if it

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Patna High Court CWJC No.15435 of 2016(2) dt.22-11-2018 3/3

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has not been concluded as yet, within a period of nine months, from the date of receipt/production of a copy of this order, in accordance with law.

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The writ application stands disposed of with the observation aforementioned.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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Pramod Prasad Mehta @ Pramod Mehta and Ors. v. Satya Narain Prasad Mehta and Ors.

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Pramod Prasad Mehta @ Pramod Mehta and Ors. v. Satya Narain Prasad Mehta and Ors.

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