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Lalan Singh Yadav @ Lalan Yadav v. Ram Chandra Yadav

Patna HC8 Jul 2024C.Misc./40/2023

Case brief

AI extract

What is this about?

Patna High Court, C.Misc. No.40 of 2023, decided 08-07-2024 by Arun Kumar Jha, J. Article 227 petition against appellate-court stay of a title partition decree; expedited disposal direction; Title Appeal No. 74 of 2019 to be decided within one month; no finding on merits of the stay order; parties from Kaithi, Buxar; decree by Sub Judge-I, Dumrao (Buxar) dated 05.11.2019; impugned stay order dated 20.10.2022.

What did the court decide?

Petition disposed of with a direction to the learned first appellate court to dispose of Title Appeal No. 74 of 2019 within one month from receipt/production of a copy of the order; the office was directed to communicate the order to the court concerned immediately. ¶23

Lalan Singh Yadav @ Lalan Yadav Vs Ram Chandra Yadav — Writ and Judicial Review | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 20.10.2022 passed in Title Appeal No. 74 of 2019 by the learned Additional District Judge-IV, Buxar, staying operation of the judgment and decree dated 05.11.2019 in Title Partition Suit No. 158 of 2006, should be interfered with under Article 227 of the Constitution of India. +1 more

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Ratio / Principle

Since the petitioner is aggrieved by the stay of the trial court's judgment and decree in the title appeal, the Court declined to enter into the merits and considered it appropriate to direct the first appellate court to dispose of the title appeal within a stipulated time, the appeal being of the year 2019 with the stay operating till final disposal.

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Key takeaways

Expeditious disposal being in the interest of the parties and the general public, the first appellate court was directed to dispose of Title Appeal No. 74 of 2019 pending before it within one month from the date of receipt/production of a copy of the order.ratio¶20

Detailed headnote1 paragraphs

Constitution of India, Article 227 — Challenge to interlocutory stay order dated 20.10.2022 passed in Title Appeal No. 74 of 2019 by Additional District Judge-IV, Buxar staying operation of judgment and decree dated 05.11.2019 in Title Partition Suit No. 158 of 2006 — Petitioner contended the stay was mechanical and passed without discussing material — Held, disposing of the petition at admission stage: rather than examining the merits of the stay, the Court directed the first appellate court to decide the 2019 appeal within one month of receipt/production of the order's copy, expeditious disposal being in the interest of the parties and general public; office directed to communicate the order to the court concerned immediately.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.40 of 2023

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Lalan Singh Yadav @ Lalan Yadav S/o Late Ramdhari Singh Yadav, Resident of Village and Post- Kaithi, P.S.- Bagen Gola, District- Buxar, Pin Code802134, Bihar.

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... ... Petitioner/s

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Versus

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Ram Chandra Yadav Son of Late Ramdhari Yadav, Resident of Village and Post- Kaithi, P.S.- Bagen Gola District- Buxar.

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Ram Raj Yadav Son of Late Ramdhari Yadav, Resident of Village and PostKaithi, P.S.- Bagen Gola District- Buxar.

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Dulhin Mandipia Devi W/o Sri Ram Chandra Yadav, Resident of Village and Post- Kaithi P.S.- Bagen Gola, District- Buxar.

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Dulhin Ram Ratia Devi W/o Sri Ram Raj Yadav, Resident of Village and Post- Kaithi P.S.- Bagen Gola, District- Buxar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Purushottam Narayan Mishra, Advocate Mr. Sunil Pathak, Advocate For the Respondent/s : Mr. Ramchandra Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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6 08-07-2024

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Heard learned counsel for the petitioner as well as learned counsel for the respondents and I intend to dispose of the present petition at the stage of admission itself.

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The present petition has been filed by the petitioner under Article 227 of the Constitution of India for setting aside the order dated 20.10.2022 passed in Title Appeal No. 74 of 2019 by the learned Additional District Judge-IV, Buxar whereby and whereunder the learned first appellate court has stayed the operation of the judgment and decree dated 05.11.2019 passed in Title Partition Suit No. 158 of 2006.

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Patna High Court C.Misc. No.40 of 2023(6) dt.08-07-2024 2/3

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Learned counsel for the petitioner submits that the impugned order has been passed in mechanical manner. The learned first appellate court, without discussing the material available before it, has stayed the proceeding only by stating that ‘considering all facts and circumstances of the case it is ordered that operation of judgment and decree dated 05.11.2019 passed by court of Sub Judge-I, Dumrao (Buxar) is hereby stayed till final disposal of the present Title Appeal No. 74/2019’.

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Since the petitioner is aggrieved by the order staying the operation of the judgment and decree of the learned trial court in title appeal, without further going into the merits of the case, I think it appropriate to direct the learned first appellate court to dispose of the title appeal within stipulated time since it is an appeal of the year 2019 and stay would be operative till the final disposal of the title appeal.

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The expeditious disposal is in the interest of parties as well as general public. Therefore, the learned first appellate court is directed to disposal of Title Appeal No. 74 of 2019 pending before it within a month from the date of receipt/production of a copy of this order.

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