Akhil Ranjan Prasad Verma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Akhil Ranjan Prasad Verma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The civil miscellaneous application was disposed of with the direction that the Trial Court expedite the trial and dispose of Title Suit No. 291 of 1996 in accordance with law within two months of receipt of a copy of the order, after hearing both parties, who were further directed to cooperate in the expeditious disposal of the suit. No monetary relief.

Issue for consideration

Whether the civil miscellaneous application against the rejection of the plaintiff's petitions for deleting/expunging defendants-respondents nos. 1, 3 and 4 from the plaint warranted interference, and how the long-pending Title Suit No. 291 of 1996 should be taken to disposal.

Court's answer

In view of the facts and circumstances (concluded plaintiff evidence, absence of pleadings/evidence by official defendants, compromise with Siwan Municipality, and pendency of about 30 years), the case is required to be disposed of on its own merits, on the basis of the evidence available on the record.

Ratio / Principle

The learned Trial Court is directed to expedite the trial and dispose of Title Suit No. 291 of 1996 in accordance with law within a period of two months from the date of receipt of a copy of the order, after hearing both the parties; both parties are directed to diligently cooperate in the expeditious disposal of the suit.

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J) disposed of C.Misc. No.1262 of 2019 filed by the plaintiff in Title Suit No. 291 of 1996 challenging the order dated 20.05.2019 of the Civil Judge (Jr. Division), I, Siwan, rejecting his petitions dated 24.05.1997 and 06.08.2018 seeking deletion/expunging of defendants-respondents nos. 1, 3 and 4 from the plaint. Noting that the plaintiff's evidence had concluded, that none of the official defendants had filed a written statement or led evidence, that the suit was proceeding ex-parte against the other defendants, that a compromise petition (Annexure-1) had been filed only with defendant–Siwan Municipality, and that the suit had been pending about 30 years, the Court held the case was required to be disposed of on its own merits on the basis of the evidence on record and directed the Trial Court to expedite the trial and dispose of the suit in accordance with law within two months of receipt of a copy of the order, after hearing both parties, with both parties directed to diligently cooperate. The legality of the impugned rejection order was itself left to be worked out in the merits disposal; the application was disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1262 of 2019

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

Akhil Ranjan Prasad Verma Son of Late Kashi Nath Prasad R/o MohallaKachahari More, P.S.-Siwan (Town), P.O. Town and District-Siwan

... ... Petitioner/s

Versus

The State of Bihar through Collector, Siwan

Siwan Municipality Siwan, through Special Executive Officer

S.D.M. Siwan, District-Siwan

Circle Officer Siwan

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Narain, Sr. Adv. Mr. Anant Kr. Singh, Adv. Mr. Umesh Kr. Roy, Adv. Mrs. Annapurna Sinha, Adv. Mrs .Anju Kumari @ Anju Narain, Adv. For the Respondent/s : Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

6 31-01-2026

The present civil miscellaneous application has been

filed against the order dated 20.05.2019 passed by the Civil Judge (Jr. Division), I, Siwan in Title Suit No. 291 of 1996 whereby and whereunder the Court below has illegally and erroneously rejected the plaintiff’s petitions dated 24.05.1997 and 06.08.2018 by which prayer for deleting/expunging the names of the defendants-respondents nos. 1, 3 and 4 from the plaint.

Learned counsel for the petitioner submits that Title Suit No. 291 of 1996 was filed by the petitioner seeking a declaration that the plaintiff has right, title, and interest over the

Patna High Court C.Misc. No.1262 of 2019(6) dt.31-01-2026 2/3

suit property and that the defendants have no right or title thereon, along with other ancillary reliefs. Learned counsel further submits that during the course of trial, none of the official defendants filed any written statement, nor did they adduce any documentary or oral evidence. Per contra, the plaintiff has already concluded his evidence. At present, the suit is at the stage of arguments. It is further submitted that a compromise petition has been filed between the plaintiff and defendant–Siwan Municipality, a copy of which has been brought on record as Annexure-1. Learned counsel also submits that except Siwan Municipality, no other defendants have entered into the said compromise, nor their consent is required for the same.

In view of the aforesaid facts and circumstances, the case is required to be disposed of on its own merits, on the basis of the evidence available on the record.

Since the evidence on behalf of the petitioner/plaintiff has already been concluded and the suit is proceeding ex-parte against the other defendants, and further considering that the suit has been pending consideration for the last about 30 years, the learned Trial Court is directed to expedite the trial and dispose of Title Suit No. 291 of 1996 in

Patna High Court C.Misc. No.1262 of 2019(6) dt.31-01-2026 3/3

accordance with law within a period of two months from the date of receipt of a copy of this order, after hearing both the parties. Both parties are also directed to diligently cooperate in the expeditious disposal of the suit.

With the aforesaid direction, the instant application stands disposed of.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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