Disposed

Hira Prasad v. Rajkumar Choudhary

Patna HC18 Jul 2024C.Misc./405/2024

Case brief

AI extract

What is this about?

The High Court exercised supervisory jurisdiction under Article 227 to direct the trial court to dispose of a long-pending eviction suit within three months, citing unreasonable delays in recording evidence since 2019. The petition was disposed of with this direction without issuing notice to the respondent.

What did the court decide?

Direction to dispose of Eviction Suit No. 02 of 2015 within three months without unnecessary adjournment.

Hira Prasad Vs Rajkumar Choudhary — Landlord and Tenant | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.405 of 2024

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

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Hira Prasad Son of Baleshwar Sah Resident of ward no.2, Naetol, South Behat, P.S.Lakhdur (R.S.Jhanjharpur.O.P.)

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... ... Petitioner/s

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Versus

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Rajkumar Choudhary Son of Late Lakhsho Ram Choudhary Resident of South Behat, Station Bazar, P.S. Lakhlaur(R.T.S. Jhanjharpur O.P.)

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jitendra Kumar, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 18-07-2024 The matter has been listed on mentioning being made

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on behalf of the petitioner.

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Heard learned counsel for the petitioner.

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The present petition has been filed under Article

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227 of the Constitution of India seeking direction to the court of learned Civil Judge (Junior Division), Jhanjharpur, District – Madhubani for early disposal of Eviction Suit No. 02 of 2015.

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Learned counsel for the petitioner submits that the petitioner is the plaintiff before the learned trial court and the matter is still at the stage of recording of evidence of the plaintiff but since 2019 the matter is getting adjourned at one pretext or other. Learned counsel further submits that the petitioner has filed the eviction suit on the ground of personal necessity as he requires the premises for his own use. Still the

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Patna High Court C.Misc. No.405 of 2024(2) dt.18-07-2024 2/2

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defendant refuses to vacate the premises and has been lingering the matter before the learned trial court.

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As the present petition has been filed seeking direction to the learned trial court for expeditious disposal of eviction suit, I do not think there is any need to issue notice to the respondent.

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Having regard to the facts and circumstances, learned Civil Judge (Junior Division), Jhanjharpur, District – Madhubani is directed to dispose of Eviction Suit No. 02 of 2015 within next three months from the date of receipt/production of a copy of this order without granting unnecessary adjournment to either of the parties.

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With the aforesaid direction, the present petition stands disposed of.

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(Arun Kumar Jha, J)

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DKS/-

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Hira Prasad v. Rajkumar Choudhary

Case brief

What is this about?

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Hira Prasad v. Rajkumar Choudhary

Case brief

What is this about?

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