Devendra Prasad v. Prabhu Nath Rai
Case brief
What is this about?
Patna High Court civil miscellaneous petition (decided 05-08-2025, single judge, oral judgment): quashing of Sub Judge-IV Saran at Chapra order dated 03.02.2017 rejecting plaintiffs' petition for appointment of Survey Knowing Pleader Commissioner in final decree proceedings (Final Decree Case No. 18 of 1979) while appeal against the partition suit (Title Appeal No. 29 of 2003) was pending without stay; Order 26 Rule 13 CPC commission for carving out share by takhtabandi; preliminary decree dated 31.05.2003; principle that final decree proceedings need not await a pending appeal absent a stay; directions to trial court to expedite final decree disposal and to first appellate court to conclude title appeal within three months and return original record retaining a copy; Bihar; interplay of pending appeal and final decree proceedings.
What did the court decide?
Impugned order dated 03.02.2017 set aside; learned trial court directed to take steps for disposal of Final Decree Case No. 18 of 1979 at the earliest; first appellate court directed to dispose of Title Appeal No. 29 of 2003 within three months, keeping a copy of the original record while sending the original record to the court of learned Sub Judge-IV, Saran at Chapra.