In CivilMisc. No.1461 of 2017, the Patna High Court held that the petition challenging a stay order became infructuous as the three-month period stipulated in the subordinate court's stay order had elapsed, and no stay was continuing.
the civil miscellaneous petition was dismissed as it had become infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1461 of 2017
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The Chairman, Sri Gopal Jain, Son of Sri Bhadar Mal Jain, Bihar State Digamber Jain Religious Trust Board, Chandmari Road, Near Shiv Mandir in the house of Chiranji Lal Jain, Patna Police Station Kankerbagh, DistrictPatna.
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Suraj Narain Yadav For the State : Mr. Sajid Salim Khan – SC25 For the respondent No.1 : Dr. Ansuman Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
The petitioner has filed this Civil Misc. petition against the order dated 19.07.2017 by which the leaned
Patna High Court C.Misc. No.1461 of 2017(2) dt.29-11-2018 2/2
Additional District Judge-II, Vaishali at Hajipur stayed the operation of order dated 07.07.2017 passed by the Chairman, Bihar State Digamber Jain Religious Trust Board for three months.
The learned counsel for the respondent No.1 as well as the learned counsel for the State submits that period for order of stay of three months has elapsed and there is no stay order is operating. The new committee has already been constituted and if the petitioner is at all aggrieved by the constitution of new committee he may file fresh petition.
Having considered the submission of both sides, I find that since the order of stay granted by learned Additional District Judge on 19.07.2017 is for three months and the same has elapsed and no stay order is continuing, this Civil Misc. petition has become infructuous. Accordingly, the same is dismissed as has become infructuous.
However, it is observed that if the petition of the petitioner dated 28.07.2017 (Annexure-17) in Misc. Case No. 43 of 2017 is still pending, the same shall be disposed of forthwith.
(Prabhat Kumar Jha, J)
BKS/-
U
1 issue framed by the court
Whether the Civil Misc. petition has become infructuous as the three-month stay period granted by the Additional District Judge has elapsed.
The Chairman, Sri Gopal Jain
Sri Satish Chandra Jain
Sri Raj Kumar Jain
Sri Sahu Akhilesh Jain
Sri N.K. Sethi
Bhagwan Mahavir Smarak Samittee
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
