An oral order in a civil miscellaneous jurisdiction where the petitioner sought a direction for the lower court to dispose of an undetermined suit filed in 2009. The High Court, noting a two-year delay, directed disposal within three months and disposed of these miscellaneous proceedings.
The trial court directed to dispose of the suit within three months.
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.90 of 2022
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Meena Singh Daughter of Late Chandranand Singh and Wife of Sri Chandan Kumar Singh, Resident of Mohallah - Subhash Nagar, P.S. - Maranga (Khazanchi Hat), P.S. - Purnea, District - Purnea, Pin Code- 854301 (Bihar) Presently residing at Mohallah- Shivpuri Bhatta Bazar, P.S. - Maranga (Khazanchi Hat), P.O.- Purnea, District - Purnea, Pin Code - 854301 (Bihar).
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Subhen Sarkar For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 21-06-2022 The petitioner is the plaintiff in a suit for specific performance filed in the year 2009 bearing Title Suit No. 131 / 2009.
Learned counsel for the plaintiff -petitioner submits that by order dated 02.07.2019 evidence of the plaintiff
Patna High Court C.Misc. No.90 of 2022(2) dt.21-06-2022 2/2
-petitioner was closed and thereafter, by order dated 06.01.2020 the evidence of the defendant has also been closed. On 17-012020 the petitioner filed his written argument and by order dated 05/02/2020 the suit was fixed for judgment but still the judgment is awaited. Accordingly his submission is that the learned trial court may be directed to dispose the suit one way or the other within a reasonable period of time.
Having heard learned counsel for the petitioner and after going through the order sheet annexed as Annexure-3 to the present petition it appears that the suit was fixed for judgment on 05/02/2020 and after lapse of about two years the suit has not been disposed.
In view of the aforesaid, the trial court i.e. Sub Judge1, Purnea is requested to dispose of the suit i.e. Title Suit No. 131 of 2009 in accordance with law within a reasonable period of time preferably within three months.
The civil miscellaneous application accordingly stands disposed of.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether the lower court should be directed to dispose of the pending suit within a reasonable time.
Meena Singh
Lakhan Das
Enarabati Devi
Ashok Das
Manju Devi
Juli Devi
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
