Disposed¶25

Sudama Jee Upadhyay v. Akhilesh Rai

Patna HC24 Mar 2025C.Misc./363/2025

Case brief

AI extract

What is this about?

Patna HC C.Misc. 363/2025 (Arun Kumar Jha, J, 24-03-2025) — expedition direction: Sub Judge-1st, Buxar ordered to decide Order 39 Rule 1&2 injunction application dated 13.09.2024 in TS No.390/2021 within one month; no notice to respondents as they were already appearing and participating; urgency supported by documents showing ongoing construction on suit property; petition disposed.

What did the court decide?

Direction to the learned Sub Judge - 1st, Buxar to dispose of the injunction application dated 13.09.2024 at the earliest, preferably within one month from the date of receipt/production of a copy of this order; the present civil miscellaneous petition stood disposed of with this direction. ¶25

Sudama Jee Upadhyay Vs Akhilesh Rai — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct the learned trial court (Sub Judge - 1st, Buxar) to dispose of the petitioners' injunction application dated 13.09.2024 under Order 39 Rule 1 and 2 CPC, pending in Title Suit No. 390 of 2021, within a stipulated time period.

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Ratio / Principle

Since the respondents had already appeared before the learned trial court and were participating in the proceedings, there was no need to issue notice to them; it was incumbent upon the trial court to pass orders on the injunction application dated 13.09.2024 filed under Order 39 Rule 1 and 2 CPC, considering the urgency of the matter.

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Key takeaways

The learned Sub Judge - 1st, Buxar was directed to dispose of the injunction application dated 13.09.2024 at the earliest and preferably within a month from the date of receipt/production of a copy of this order.ratio¶23

Detailed headnote1 paragraphs

Expedition order — Patna High Court (C.Misc. No.363 of 2025, Arun Kumar Jha, J., 24-03-2025): Three brothers petitioned this Court with the limited prayer that the learned Sub Judge - 1st, Buxar be directed to decide their injunction application dated 13.09.2024 filed under Order 39 Rule 1 and 2 CPC in Title Suit No. 390 of 2021 within a stipulated time. Counsel pointed to hearings on 03.01.2025, 21.01.2025 and 31.01.2025, an adjournment without effective order on 21.02.2025, and annexed documents showing construction being carried out on the suit property by the respondents. Since the respondents had already appeared and were participating in the proceedings, the Court held there was no need to issue notice, and directed the trial court to pass orders on the injunction application considering the urgency — at the earliest and preferably within a month of receipt/production of a copy of the order. The petition stood disposed of with this direction.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.363 of 2025

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Sudama Jee Upadhyay S/o Late- Krishna Bihari Upadhyay, R/o- Ward No.22, Sohani Patti, P.O., P.S. and Dist. - Buxar, Bihar 802101.

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Lalan Jee Upadhyay, S/o Late- Krishna Bihari Upadhyay, R/o- Ward No.22, Sohani Patti, P.O., P.S. and Dist. - Buxar, Bihar 802101.

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Vijay Kumar Upadhyay, S/o Late- Krishna Bihari Upadhyay, R/o- Ward No.- 22, Sohani Patti, P.O., P.S. and Dist. - Buxar, Bihar 802101.

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... ... Petitioner/s

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Versus

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Akhilesh Rai S/o Sachitanand Rai, R/o- Sohanipatti, Post, Police Station and District - Buxar.

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Pradeep Kumar Rai, S/o- Kalika Rai, R/o- Sohanipatti, Post, Police Station and District - Buxar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Avinash Kumar, Advocate Mr. Abhishek Kumar Pandey, Advocate Mr. Kumar Satyam, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 24-03-2025

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Record taken up on mentioning being made on behalf of the petitioners.

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The petitioners have approached this Court with limited prayer for a direction to learned trial court to dispose of the injunction petition dated 13.09.2024 filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure (in short ‘the Code’) in Title Suit No. 390 of 2021 pending in the court of learned Sub Judge – 1^st , Buxar within stipulated time period.

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Learned counsel for the petitioners submits that the injunction petition has been filed on 13.09.2024 and after

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Patna High Court C.Misc. No.363 of 2025(2) dt.24-03-2025 2/3

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hearing the matter on a number of occasions, the learned trial court has not passed any order though the parties have already appeared. Learned counsel further submits that he has annexed certain documents showing the fact that the construction work is being done on the suit property by the respondents.

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Perused the record.

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From perusal of record it appears that on 03.01.2025, 21.01.2025 and 31.01.2025, the parties have been heard on the injunction petition as well as on legal point, by the learned trial court. Learned counsel submits that even on 21.02.2025, the matter has been adjourned without any effective order.

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Having regard to the facts and circumstances, I do not think there is any need to issue notice to the respondents since they have already appeared before the learned trial court and have been participating in the proceeding and it is incumbent upon the learned trial court to pass orders on injunction petition dated 13.09.2024 which has been filed under Order 39 Rule 1 and 2 of the Code considering the urgency of the matter.

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