Dismissed¶28

Vishwanath Pandey and Ors. v. Draupati Kumar and Ors.

Patna HC14 May 2024C.Misc./782/2017

Case brief

AI extract

What is this about?

Infructuous civil miscellaneous petition dismissed; challenge to order dated 22.02.2017 of Sub Judge-III, Aurangabad in Title Suit No. 361 of 2013; underlying Title Suit No. 361 of 2012 dismissed on 04.08.2023; restoration of dismissed suit pending; death of respondent no. 2 during pendency without substitution of legal heirs; counsel's failure to disclose case status despite order dated 02.01.2024; all pending applications disposed; Patna High Court, 2024.

What did the court decide?

No relief granted; petition dismissed as having become infructuous; all pending applications stand disposed of. ¶28

Vishwanath Pandey and Ors. Vs Draupati Kumar and Ors. — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.782 of 2017

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Vishwanath Pandey, son of Late Jugeshwar Pandey,

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Ram Kumar Pandey, Son of Late Jugeshwar Pandey

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Awdhesh Kumar Pandey, son of Late Jugeshwar Pandey

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Jagarnath Pandey, Son of Late Janeshwar Pandey All Residents of Village-Pokhata P.S. Obra, P.O. Kaithi, Dist-Aurangabad.

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... ... Petitioner/s

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Versus

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Draupati Kumar, W/o Late Vaijnath Mishir D/o Uditt Narayan Pandey

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Sidhnath Pandey

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Ishanath Pandey

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Amarnath Pandey All Resident of Village Pokhata, P.S.-Obra, P.O.-Krithi, Dist- Aurangabad.

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Smt. Munjeshwari Devi, W/o Ram Sewak Singh, Vill-Pokhata Tola, Bandhu Bigha.

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Satrughan Pandey S/o Harkha Deo Pandey R/o Vill-Pokhta, P.S.-Obra, P.O.Kaitha, Dist-Aurangabad.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Harendra Kumar Singh, Advocate For the Respondents 3 & 4 : Mr.Nityanand Mishra, Advocate Mr. Alok Abhinav, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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5 14-05-2024

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Present Mr. Harendra Kumar Singh, learned counsel

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for the petitioners and Mr. Nityanand Mishra, learned counsel for the respondent nos. 3 & 4.

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Today, the case has been listed under the heading ‘For Orders on Petition’.

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The learned counsel for the respondent nos. 3 & 4 submits that respondent no. 2 died during pendency of the present petition, but no substitution petition has been filed for

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Patna High Court C.Misc. No.782 of 2017(5) dt.14-05-2024 2/3

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substitution of his legal heirs/representatives. The learned counsel further submits that the order dated 22.02.2017 passed in Title Suit No. 361 of 2013 by the learned Sub Judge-III, Aurangabad has been challenged in the present civil miscellaneous petition. However, Title Suit No. 361 of 2012 has been dismissed by the learned trial court vide order dated 04.08.2023 and hence, the present matter has become infructuous.

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On the other hand, the learned counsel for the petitioners submits that steps are being taken for restoration of Title Suit No.361 of 2012.

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Perused the record.

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It is very unfortunate that the learned counsel for the petitioners have not brought correct picture before this Court despite several orders. Vide order dated 02.01.2024, learned counsel for the petitioners was directed to apprise this Court about the then status of the case before the learned trial court and, thereafter, the matter has been listed twice and learned counsel for the petitioners appeared but did not say a word about the dismissal of the aforesaid title suit, which reflects very poorly on the conduct of the learned counsel for the petitioners.

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