Disposed¶20

Vijay Kumar Sharma v. Surajdeo Singh

Patna HC23 Jul 2024C.Misc./361/2023

Case brief

AI extract

What is this about?

Article 227 petition, Patna High Court, C.Misc. No.361 of 2023, decided 23-07-2024 by Arun Kumar Jha, J. Direction for expeditious disposal of Title Appeal No. 30 of 1984 pending since 1984 before Additional District Judge-XIV, Aurangabad; three-month timeline fixed; no notice issued owing to limited prayer; petitioner substituted for deceased father in pending title appeal; delay in civil appeals; larger public interest in speedy disposal of civil cases.

What did the court decide?

Direction to the learned Additional District Judge-XIV, Aurangabad to dispose of Title Appeal No. 30 of 1984 within three months from the date of receipt/production of a copy of the order; with this direction the petition stands disposed of. ¶20

Vijay Kumar Sharma Vs Surajdeo Singh — Writ and Judicial Review | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.361 of 2023

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Vijay Kumar Sharma son of Late Sabulal Mistri @ Late Shyamlal Sharma, Resident of Village-Old Town, Ward No.-9, Anzan Shahid, Daudnagar, P.O. and P.S.-Daudnagar, District-Aurangabad.

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... ... Petitioner/s

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Versus

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Surajdeo Singh son of Late Rajaram Singh, Resident of Village-Kurmi Tola, P.O. and P.S.-Daudnagar, District-Aurangabad.

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Manikchand Mistri, son of Ramkrishun Mistry, Village-Barahi Tola, P.O. and P.S.-Daudnagar, District-Aurangabad.

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Babulal Mistri, son of Ramkrishun Mistry, Village-Barahi Tola, P.O. and P.S.-Daudnagar, District-Aurangabad.

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Chunmunia Devi, W/o Sri Chandrika Mistri, Village-Rampur Chain, Arwal, P.S.-Arwal, District-Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 23-07-2024 The matter has been taken up on mentioning being

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made on behalf of the petitioner.

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The instant petition has been filed under Article 227 of the Constitution of India for issuance of a direction to

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the learned 1^st Appellate Court to dispose of Title Appeal No.30 of 1984 pending in the court of learned Additional

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Patna High Court C.Misc. No.361 of 2023(2) dt.23-07-2024 2/3

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District Judge-XIV, Aurangabad since 1984.

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Learned counsel for the petitioner submits that the petitioner is one of the respondents and the title appeal before learned 1^st Appellate Court is pending since 1984 and all the parties have appeared. The father of the petitioner, who was the respondent in the title appeal, has also died and thereafter, the petitioner was substituted in his place. However, no effective steps have been taken by the learned 1^st Appellate Court to dispose of the appeal.

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Since limited prayer of the petitioner is for expeditious disposal of the Title Appeal No. 30 of 1984 pending before the learned Additional District Judge-XIV, Aurangabad, I do not think there is any need to issue notice to the respondents of this case.

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It is really disheartening to come across such cases when title appeal has been pending since 1984. The expeditious disposal of civil cases are in the larger public interest and therefore, the learned 1^st Appellate court of learned Additional District Judge-XIV, Aurangabad is directed to dispose of Title Appeal No. 30 of 1984 within three months from the date of receipt/production of a copy of this order.

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Patna High Court C.Misc. No.361 of 2023(2) dt.23-07-2024 3/3

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