Prabhavti Kumari @ Prabhavti Singh Vs Navneet Kumar Singh @ Dinesh Kumar Singh — Patna HC (2025) — LawSathi Research

Prabhavti Kumari @ Prabhavti Singh Vs Navneet Kumar Singh @ Dinesh Kumar Singh — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 09.11.2023 set aside; petitioners' application dated 09.11.2023 to exhibit the original Sale Deed No. 4161 and government rent receipts allowed; trial court directed to dispose of Title Suit No. 201 of 2018 within three months.

Issue for consideration

Whether the order dated 09.11.2023 of the Sub Judge-I, Bikramganj rejecting the petitioners' application for exhibiting the original Sale Deed No. 4161 and government rent receipts in Title Suit No. 201 of 2018 ought to be set aside and the application allowed. +1 more

Court's answer

In light of the submissions of the respondents, the order dated 09.11.2023 passed by the learned trial court in Title Suit No. 201 of 2018 is set aside and the petitioners' application dated 09.11.2023 (for exhibiting the original Sale Deed No. 4161 and government rent receipts) is allowed.

Ratio / Principle

The learned trial court is directed to proceed with Title Suit No. 201 of 2018 showing urgency, having regard to the Co-ordinate Bench order dated 21.06.2022 in C.W.J.C. No. 6719 of 2020, and to dispose of the suit within the next three months from receipt/production of a copy of this order.

Detailed headnote1 paragraphs

Patna High Court (C.Misc. No.90 of 2024, Arun Kumar Jha, J, 18-04-2025): The order dated 09.11.2023 of the Sub Judge-I, Bikramganj in Title Suit No. 201 of 2018, rejecting the petitioners' application for exhibiting the original Sale Deed No. 4161 and government rent receipts, was set aside and the application allowed, after senior counsel for respondent nos. 1 and 2 withdrew his counter affidavit and conceded the prayer on instructions. Noting that the suit stood fixed for final argument when the exhibition application was filed, and recalling that a Co-ordinate Bench had ordered on 21.06.2022 in C.W.J.C. No. 6719 of 2020 that delaying miscellaneous applications not be entertained, the trial court was directed to act with urgency and dispose of Title Suit No. 201 of 2018 within three months. The petition stood disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.90 of 2024

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

Prabhavti Kumari @ Prabhavti Singh Wife of Purushottam Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas.

Purushottam Kumar Singh, Son of Late Nand Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas.

... ... Petitioner/s

Versus

Navneet Kumar Singh @ Dinesh Kumar Singh Son of Late Nand Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. At present Flat No. A, Sarojm Inclave, Yamuna, P.O.- Bariyatu, P.S. - Sadar Ranchi, Ranchi - 834009, Jharkhand.

Mosmat Prabhawati Kuer, wife of Late Nand Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas. At present Flat No. A, Sarojm Inclave, Yamuna, P.O.- Bariyatu, P.S. - Sadar Ranchi, Ranchi - 834009, Jharkhand.

Aditya Singh @ Piyus Ranjan, Son of Purushottam Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas.

Pallav Ranjan @ Pinku, Son of Purushottam Kumar Singh, Resident of Balia Hata, Village - Basdiha, P.S. - Karakat, District - Rohtas.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Dharendra Chaubey, Advocate Mr.Surender Prasad Singh, Advocate For the Respondent/s : Mr. Amit Shrivastava, Sr. Advocate Mr.Kunal Tiwary, Advocate Mr. Girish Pandey, Advocate Mr. Gauhal Ali, Advocate Mr. Brajesh Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

6 18-04-2025 Heard learned counsel for the petitioners as well as learned senior counsel appearing on behalf of respondent nos. 1 and 2.

The petitioners are aggrieved by the order dated

09.11.2023 passed by learned Sub Judge-I, Bikramganj, Rohtas

Patna High Court C.Misc. No.90 of 2024(6) dt.18-04-2025 2/3

in Title Suit No. 201 of 2018, whereby and whereunder application filed by the petitioners for exhibiting the original Sale Deed No. 4161 and government rent receipts has been rejected.

At the outset, learned senior counsel appearing on behalf of respondent nos. 1 and 2 submits that though he has filed counter affidavit opposing the claim of the petitioners, having regard to the fact that only motive of the petitioners to delay the disposal of the matter, he concedes the prayer of the petitioners and withdraw the counter affidavit, on instructions from his client. He has no objection if the prayer of the petitioners is allowed straightway while fixing time frame for disposal of Title Suit No. 201 of 2018 since the matter was fixed for final argument when the application was filed by the petitioners for getting certain documents marked as exhibit. Learned senior counsel also pointed out that earlier in C.W.J.C. No. 6719 of 2020, a Co-ordinate Bench of this Court, vide order dated 21.06.2022 directed learned trial court not to entertain any kind of Miscellaneous Applications which will be filed for delaying the disposal of the Title Suit.

In the light of submission made on behalf of the respondents, who are plaintiff and defendant 3^rd set befoe the

Patna High Court C.Misc. No.90 of 2024(6) dt.18-04-2025 3/3

learned trial court, the order dated 09.11.2023 is set aside and the application dated 09.11.2023 filed by the petitioners is allowed.

At the same time, learned trial court is directed to proceed with the matter showing urgency having regard to the orders of the learned Co-ordinate Bench vide order dated 21.06.2022 passed in C.W.J.C. No. 6719 of 2020 and proceed to dispose of Title Suit No. 201 of 2018 within next three months from the date of receipt/production of a copy of this order .

Accordingly, the present petition stands disposed

of.

(Arun Kumar Jha, J)

DKS/-

U