Disposed¶23

Smt. Janaklali Devi v. Most. Kamini Devi

Patna HC25 Mar 2025C.Misc./408/2025

Case brief

AI extract

What is this about?

Execution case delay; direction to executing court for timely disposal; expeditious conclusion of execution proceedings; Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others (2021) 6 SCC 418 guidelines; specific performance decree; sale deed executed but possession not delivered; Title Suit No. 142 of 2007; Title Appeal No. 38 of 2012; Second Appeal No. 322 of 2013; disposal at admission stage without notice; Sub Judge-IV Darbhanga; Patna High Court C.Misc. No.408 of 2025.

What did the court decide?

Direction to learned Sub Judge-IV, Darbhanga to dispose of Execution Case No. 02 of 2012 in terms of the Supreme Court's directions in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others (supra); petition disposed of accordingly. ¶23

Smt. Janaklali Devi Vs Most. Kamini Devi — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the learned executing court (Sub Judge-IV, Darbhanga) to dispose of the petitioner's execution case, pending for about 13 years, within a stipulated time period.

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Court's answer

The learned Sub Judge-IV, Darbhanga is directed to dispose of Execution Case No. 02 of 2012 in terms of the directions of the Hon'ble Supreme Court in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others (supra); no independent timeline was fixed by this Court beyond those directions.

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Ratio / Principle

Since the petition merely sought a direction for disposal of the long-pending execution case, the Court found no need to issue notice to the respondents and decided the petition at the admission stage itself.

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Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J.), C.Misc. No.408 of 2025, decided 25-03-2025 (NAFR, oral judgment) — Decree-holder's civil miscellaneous petition seeking a direction for expeditious disposal of stalled execution proceedings. Title Suit No. 142 of 2007 (specific performance of contract) was decreed on 09.10.2012 by Sub Judge-IV, Darbhanga, directing the defendant to execute the sale deed within two months. The defendant's Title Appeal No. 38 of 2012 was dismissed on 14.08.2013 by the District Judge, Darbhanga, and Second Appeal No. 322 of 2013 was dismissed at the admission stage on 10.02.2016 by a learned Single Judge of the Patna High Court. The sale deed was executed in favour of the decreeholder on 08.08.2016, but delivery of possession was not handed over, and the execution proceeding remained unconcluded for about 13 years. Holding that no notice to the respondents was required, the Court directed Sub Judge-IV, Darbhanga to dispose of the execution case (styled Execution Case No. 02 of 2012 in the operative direction; pleaded as Execution Case No. 02 of 2022) in terms of the Supreme Court's directions in Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others, (2021) 6 SCC 418, and disposed of the petition.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.408 of 2025

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

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Smt. Janaklali Devi W/o Sri Pramod Kumar Thakur, Mohalla- G.N. Ganj, P.O. and P.S.- Laheriasarai, District- Darbhanga.

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... ... Petitioner/s

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Versus

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Most. Kamini Devi W/o Late Kedarnath Mahaseth @ Santosh Mahaseth, Resident of Mohalla- Bakarganj, P.O. and P.S.- Laheriasarai, DistrictDarbhanga.

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Shakti Kumari D/o Late Kedarnath Mahaseth @ Santosh Mahaseth, Resident of Mohalla- Bakarganj, P.O. and P.S.- Laheriasarai, DistrictDarbhanga.

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Bartika Kumari D/o Late Kedarnath Mahaseth @ Santosh Mahaseth, Resident of Mohalla- Bakarganj, P.O. and P.S.- Laheriasarai, DistrictDarbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Parth Gaurav, Advocate For the Respondent/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT

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Date : 25-03-2025

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

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2 . Heard learned counsel for the petitioner and I intend to dispose of the petition at the stage of admission itself.

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Learned counsel for the petitioner submits that the petitioner was plaintiff of Title Suit No. 142 of 2007 which was decreed on 09.10.2012 by learned Sub Judge-IV, Darbhanga directing the defendant to execute sale deed in favour of the petitioner within two months from passing of the decree as the

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Patna High Court C.Misc. No.408 of 2025 dt.25-03-2025 2/3

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suit was filed for Specific Performance of Contract. The defendant preferred Title Appeal No. 38 of 2012 in the court of learned District Judge, Darbhanga but the said appeal was dismissed on 14.08.2013 upholding the judgment and decree passed in Title Suit No. 142 of 2007. Thereafter, defendant preferred Second Appeal No. 322 of 2013 before this Court challenging the judgment and decree dated 14.08.2013 passed in Title Appeal No. 38 of 2012 by learned District Judge, Darbhanga. The said second appeal was dismissed at the stage of admission itself on 10.02.2016 by learned Single Judge of this Court. Meanwhile, the plaintiff/petitioner filed Execution Case No. 02 of 2022 in the court of learned Sub-Judge, Darbhanga and sale deed was executed in favour of decreeholder on 08.08.2016 but the delivery of possession was not handed over. Learned counsel further submits that since then 13 years have elapsed but the execution proceeding has not been concluded. The petitioner has been running from pillar to post and the learned executing court has not been following the guidelines issued by the Hon’ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others , reported in (2021) 6 SCC 418. Learned counsel further submits that the learned executing court may be directed to dispose of

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Patna High Court C.Misc. No.408 of 2025 dt.25-03-2025 3/3

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the execution proceeding within a stipulated time period.

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Since the instant petition has been filed seeking

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direction to the learned executing court for disposal of the execution case of the petitioner pending before it for last 13 years within some stipulated time period, I find no need to issue notice to the respondents.

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Having regard to the facts and circumstances, the learned Sub Judge-IV, Darbhanga is directed to dispose of Execution Case No. 02 of 2012 in terms of directions of the Hon’ble Supreme Court in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others (supra) .

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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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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	26.03.2025
Transmission Date	NA

Smt. Janaklali Devi v. Most. Kamini Devi

Case brief

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Smt. Janaklali Devi v. Most. Kamini Devi

Case brief

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