Disposed¶35

Dinesh Kumar @ Dinesh Singh v. Amit Kumar Singh

Patna HC12 Dec 2025MJC/3439/2025

Case brief

AI extract

What is this about?

Patna High Court; MJC No.3439 of 2025 (In Civil Misc. No.655 of 2023); Arun Kumar Jha, J.; oral order 12-12-2025; extension of time sought for disposal of Misc. Case No. 28 of 2023 before Civil Judge (Senior Division)-5th, Danapur, Patna; refusal owing to petitioners' violation of undertaking given at order dated 18.07.2025; last opportunity of two months granted to trial court; strict handling of frivolous adjournment pleas; respondents' evidence complete; delaying tactics by opposite parties; petition disposed.

What did the court decide?

By way of last opportunity, two months' further time granted to the learned trial court to dispose of Misc. Case No. 28 of 2023, with a direction to deal strictly with frivolous pleas for adjournment; the present petition itself stands disposed of. ¶35

Dinesh Kumar @ Dinesh Singh Vs Amit Kumar Singh — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶35

Issue for consideration

Whether the time fixed by the order dated 18.07.2025 (three months) for disposal of Misc. Case No. 28 of 2023 should be extended, the petitioners having sought a further period of six months. +1 more

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Court's answer

The Court was not inclined to extend the time framed for disposal of Misc. Case No. 28 of 2023, as the petitioners had violated the undertaking given before this Court when the order dated 18.07.2025 was passed.

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Ratio / Principle

On the respondents' counsel's last-opportunity submission, the Court directed the learned trial court to take up Misc. Case No. 28 of 2023 and dispose of it within two months, and to deal strictly with frivolous pleas for adjournment.

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Detailed headnote1 paragraphs

Patna High Court (Arun Kumar Jha, J), oral order dated 12-12-2025 in Miscellaneous Jurisdiction Case No.3439 of 2025, filed 'In' Civil Misc. No.655 of 2023: The petitioners sought modification of this Court's order dated 18.07.2025, which had directed the trial court to dispose of Misc. Case No. 28 of 2023 (pending before Civil Judge (Senior Division)-5th, Danapur, Patna) within three months, by a further extension of six months. The Court declined the extension because the petitioners had violated the undertaking given before it when the order dated 18.07.2025 was passed. However, on the respondents' counsel's fair submission that a last opportunity be given - the respondents' evidence in the miscellaneous case being complete and the delay being attributed to the opposite parties' delaying tactics - the learned trial court was directed to take up the matter and dispose of it within two months, dealing strictly with frivolous pleas for adjournment. The petition stands disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3439 of 2025

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CIVIL MISCELLANEOUS JURISDICTION No.655 of 2023

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

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Dinesh Kumar @ Dinesh Singh Son of Late Tipan Singh @ Tapan Singh, Resident of Village- Karai, P.S.- Naubatpur, District- Patna.

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Sri Ujjwal Kumar @ Ujwal Kumar Son of Dinesh Singh @ Dinesh Kumar, Resident of Village- Karai, P.S.- Naubatpur, District- Patna.

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... ... Petitioner/s

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Versus

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Amit Kumar Singh S/o Late Braj Bhushan Prasad Singh, Resident of Village and P.O Karai, P.S Naubatpur, District- Patna- 801109.

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Ajay Kumar, Son of Lt. Bijaya Nandan Prasad Singh, Presently at F-C1, Sai Nilayam Apartment, Police Colony Anisabad, Patna-800002.

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Ravishankar Prasad Singh, Son of Lt. Ramchandra Prasad Singh, Presently at Shila Sadan, F-17, Vijay Nagar, Hanuman Nagar, P.S- Patrakar Nagar, Dist.- Patna-26.

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Krishna Kumar Singh, Son of Lt. Kedar Nath Singh, Resident of VillageKarai, P.S- Naubatpur, District- Patna.

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Ayodhya Prasad Singh, Son of Lt. Tipan Singh, Resident of Village- Karai, P.S- Naubatpur, District- Patna.

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Sushil Kumar, Son of Lt. Ram Narayan Singh, Resident of Village- Karai, P.S- Naubatpur, District- Patna.

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Suraj Kumar (Minor), Son of Sushil Kumar, Under the Guardianship of father and well-wisher and Next Friend Sushil Kumar. Resident of VillageKarai, P.S- Naubatpur, District- Patna.

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Amit Kumar, Son of Lt. Ram Kewal Singh, Resident of Village- Karai, P.SNaubatpur, District- Patna.

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Bishal Kumar (Minor), Son of Amit Kumar, Under the Guardianship of father and well-wisher and Nex Friend Amit Kumar. Resident of VillageKarai, P.S- Naubatpur, District- Patna.

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Smt. Anju Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Santosh Kumar, Presently at Village- Faridpur, P.S- Naubatpur, Distt.- Patna.

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Smt. Sandhya Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Dhananjay Kumar, Presently at Village- Zafra Bhagwanpur, P.S- Naubatpur, Distt.- Patna.

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Smt. Puja Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Suman Kumar, Presently at Village- Chechaul, P.S.- Naubatpur, Distt.- Patna.

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Smt. Rakhi Devi, Daughter of Lt. Jagat Narayan Singh and Wife of Sri Manjit Kumar, Presently at Village- Rauniya, P.S- Naubatpur, Distt.- Patna.

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Sri Rabi Kumar, Son of Dinesh Singh @ Dinesh Kumar, Resident of Village- Karai, P.S- Naubatpur, District- Patna.

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Patna High Court MJC No.3439 of 2025(7) dt.12-12-2025 2/3

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ambarish Kumar, Advocate For the Opposite Party/s : Mr.Jitendra Kishore Verma, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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7 12-12-2025

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Heard learned counsel for the petitioners and learned counsel for the respondents.

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This application has been filed for modification of the order dated 18.07.2025 passed by this Court in Civil Misc. No. 655 of 2023, whereby and whereunder this Court directed the learned trial court to dispose of the Misc. Case No. 28 of 2023 within three months, by extending the period of disposal of the aforesaid miscellaneous case for a further period of six months.

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Having regard to the submission advanced on behalf of the parties, I am not inclined to extend the time framed for disposal of Misc. Case No. 28 of 2023 pending before the court of learned Civil Judge (Senior Division)-5^th , Danapur, Patna as the petitioners have violated the undertaking given before this Court when the order dated 18.07.2025 has been passed in Civil Misc. No.655 of 2023.

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However, learned counsel appearing on behalf of the respondents very fairly submits that by way of last

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Patna High Court MJC No.3439 of 2025(7) dt.12-12-2025 3/3

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opportunity, further time of two months may be given to the learned trial court for disposal of Misc. Case No. 28 of 2023. The learned counsel also submits that the evidence of the respondents, who are petitioners in the miscellaneous case, has been completed and due to delaying tactics adopted by the opposite parties, the matter has not been disposed of.

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The learned trial court is directed to take up the matter and dispose of it within two months and frivolous pleas for adjournment should be strictly dealt with by the learned trial court.

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Accordingly, the present petition stands disposed

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of.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

¶39

U T

Dinesh Kumar @ Dinesh Singh v. Amit Kumar Singh

Case brief

What is this about?

What did the court decide?

Dinesh Kumar @ Dinesh Singh v. Amit Kumar Singh

Case brief

What is this about?

What did the court decide?

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