Allowed

Smt. Ramkali Devi, v. Kamal Mahto @ Kameshwar Singh

Patna HC3 Oct 2023C.Misc./190/2022

Case brief

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What is this about?

The High Court of Patna allowed an application directing the lower court to decide Title Suit No.237 of 2015 within three months. The petitioner alleged the suit was pending only for argument after evidence closure. The court directed both parties to be heard before filing a compliance report.

What did the court decide?

This court directed the Court below to decide the Title Suit No. 237 of 2015 within three months after hearing both parties.

Smt. Ramkali Devi, Vs Kamal Mahto @ Kameshwar… — Civil Procedure and Limitation | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.190 of 2022

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======================================================

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Smt. Ramkali Devi, Wife of Kamal Mahto, Resident of Village-Basudeopur, Tole-Maulaganj, P.S. Sadar, District-Darbhanga.

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... ... Petitioner

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Versus

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Kamal Mahto, son of Nandlal Mahto, resident of Village-Maulaganj, P.S.Sadar (Mabbi O.P.), District Darbhanga.

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Ram Briksh Mahto, son of Nandlal Mahto, resident of Village-Maulaganj, P.S.-Sadar (Mabbi O.P.), District Darbhanga.

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Krishna Kumar Mahaseth, son of Late Radha Mahaseth, Resident of Mohalla-Jurawan Singh, Gandhi Chowk, P.S.-Sadar Town, DistrictDarbhanga.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Kripa Nand Jha, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 03-10-2023

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In view of supplementary affidavit, the learned

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counsel for the petitioner is permitted to make necessary correction in the cause title of respondent no.1.

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2. This application has been filed for a direction to the Court below to decide the pending Title Suit No.237 of 2015 at the earliest.

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3 . It has been submitted by learned counsel for the petitioner that in the Title Suit No.237 of 2015 the evidence has been closed and the case is pending for argument and therefore, this Court may direct the Court below to decide the aforesaid Title Suit at the earliest.

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Patna High Court C.Misc. No.190 of 2022(3) dt.03-10-2023 2/2

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4 . The prayer of the petitioner is allowed. The Court below is directed to decide the Title Suit No. 237 of 2015 within three months from the date of receipt/production of a copy of this order after hearing both the parties and thereafter file a compliance report before this Court.

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5 . Accordingly, this application is allowed.

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(Sandeep Kumar, J)

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pawan/-

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Smt. Ramkali Devi, v. Kamal Mahto @ Kameshwar Singh

Case brief

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Smt. Ramkali Devi, v. Kamal Mahto @ Kameshwar Singh

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