Radheshwar Prasad Pandey Vs Awadh Kishor Singh — Patna HC (2025) — LawSathi Research

Radheshwar Prasad Pandey Vs Awadh Kishor Singh — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions issued to the learned Second Munsif, Siwan / court concerned to proceed with urgency and dispose of Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986, considering its antiquity and in light of the Supreme Court guidelines in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) 6 SCC 418; notice on the respondents dispensed with; executing court to send a report to the High Court after disposal.

Issue for consideration

Whether the High Court should direct the learned Executing Court (Second Munsif, Siwan) to expedite the disposal of Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986, pending for almost 26 years. +1 more

Court's answer

The learned Second Munsif, Siwan / court concerned where Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986 is pending is directed to proceed in the matter showing urgency and make every effort to dispose of the execution case considering its antiquity, in the light of the Supreme Court guidelines in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) 6 SCC 418.

Ratio / Principle

Since the petitioner approached the Court merely for expediting the disposal of the execution case, notice to the respondents was dispensed with.

Key takeaways

After disposing of the execution case, the learned executing court is to send a report to the High Court.ratio¶19
Keeping an execution case pending for almost 26 years reflects very poorly on the working of the court concerned.obiter¶15

Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J.) disposed of C.Misc. No. 1885 of 2017, in which the petitioner sought directions for expeditious disposal of Execution Case No. 01 of 1999, arising out of Eviction Suit No. 04 of 1986, pending before the Second Munsif, Siwan for almost 26 years. Holding that such pendency reflected poorly on the working of the court concerned, the Court dispensed with notice to the respondent and directed the executing court to proceed with urgency and dispose of the execution case considering its antiquity, in the light of the Supreme Court guidelines in Rahul S. Shah v. Jinendra Kumar Gandhi, (2021) 6 SCC 418, and to send a report to the High Court after disposal.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1885 of 2017

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

Radheshwar Prasad Pandey S/o Late Narshingh Prasad Pandey Resident of Village-Kishunpura, Pragna Varai, P.S. Vasantpur Do. Kishunpura, DistrictSiwan at Prasent Village-Lakari Nabiganj, District-Siwan

... ... Petitioner/s

Versus

Awadh Kishor Singh S/o Radhunath Singh, Resident of Village-Rampur, Pragna-Barai, P.S. Vasantpur Do, Vasantpur District-Siwan

... ... Respondent/s

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

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 11-07-2025 Heard learned counsel for the petitioner.

The present petitioner is filed for issuance of

directions to the learned Executing Court to expedite the disposal of Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986 pending before the learned Second Munsif, Siwan. Learned counsel for the petitioner submits that so far as the instruction received by him, the execution case is still pending.

Perused the record.

It is very unfortunate that the execution case filed

in the year 1999 has been kept pending for almost 26 years and it reflects very poorly on the working of the Court concerned. In any case, the petitioner has approached this Court for expediting the disposal of Execution Case No. 01 of 1999, I do not find any

Patna High Court C.Misc. No.1885 of 2017(3) dt.11-07-2025 2/2

need to issue notice to the other side and notice on the respondents is dispensed with.

The learned Second Munsif, Siwan/court concerned where the Execution Case No. 01 of 1999 arising out of Eviction Suit No. 04 of 1986 is pending, is directed to proceed in the matter showing urgency and make every effort to dispose of the execution case considering its antiquity and in the light of guidelines issued by the Hon’ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and ors . reported in (2021) 6 SCC 418 .

The learned executing court would after disposing of the execution case, send a report to this Court.

With the aforesaid directions, the present petition is disposed of.

(Arun Kumar Jha, J)

Anuradha/-

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