An oral order where the High Court at Patna disposed of a petition seeking directions to conclude a pendingMisc. Appeal challenging a compromise decree in a partition suit quickly. No binding legal principles discussed.
Disposed in terms of the prayers made in the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.87 of 2022
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Dr. Binod Kumar Safi, Son of Late Ganga Safi, resident of Bhaluchak, Sadar Thana Road, Kabirchak, P.S. Sadar, District Darbhanga-846009.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
At the outset, learned Counsel for the petitioner submits that the present application has been filed for a direction to the learned Court below to conclude Misc. Case No. 35 of 2020, pending before the learned 1st Civil Judge, Senior Division, Darbhanga, filed by the respondent no. 1 within a
Patna High Court C.Misc. No.87 of 2022(2) dt.20-06-2022 2/2
reasonable time frame.
Learned Counsel for the petitioner submits that a compromise decree was prepared in a partition suit between the petitioner and the respondents, bearing Partition Suit No. 271 of 2014, on 10.10.2015 on the basis of the judgment dated 30.09.2015, passed by the Sub Judge I, Darbhanga and after a lapse of about five years, the respondents have filed Misc. Case No. 35 of 2020, challenging the compromise decree, in which a lot of petitions are being filed by the respondents in order to harass the petitioner; whereas part of the compromise decree has already been acted upon.
In view of the submissions made by learned Counsel for the petitioner, the learned Court below is requested to dispose Misc. Case No. 35 of 2020 as early as possible without giving any unnecessary adjournment to either parties.
This application is disposed of accordingly.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
Dr. Binod Kumar Safi
Ajay Kumar
Maya Devi
Dr. Bimal Kuma
Chandan Rai
Neelam Bharti
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
