Jyoti Punj Educational And ... vs Vishwa Gyan Punj Trust Having Its ...
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                   IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(C) No. 4504 of 2018

                Jyoti Punj Educational and Welfare Society, Jamshedpur, represented
                through its President Hare Ram Singh
                                                        ...     ... Petitioner/Plaintiff
                                       -Versus-
                Vishwa Gyan Punj Trust having its Head Office at Patna and Branch Office
                at Mango, Jamshedpur & Ors.             ... ... Respondents/Defendants
                    CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
                  For the Petitioner         : Mr. Sanjay Kumar Pandey, Advocate
                  For the Respondents        : None
                                             ----

09/07.06.2022 On perusal of record, it appears that Vakalatnama on behalf of the respondent no. 2 has already been filed on 02.04.2019, however no one has been appearing on behalf of the said respondent. So far as the respondent nos. 1 and 3 are concerned, the notices issued to them through ordinary process have validly been served as would be evident from the reports dated 08.04.2019 of Nazarat, Civil Court, Patna.

Today also, no one appears on behalf of the respondents. I.A. No. 2356 of 2022 The present interlocutory application has been filed on behalf of the petitioner seeking stay of order dated 17.11.2021 passed by the Sub- Judge/Civil Judge (Sr. Division), Jamshedpur in Title Suit No. 77 of 2013 and to extend the interim order of stay granted by this Court vide order dated 19.02.2019.

Reference may be made to order dated 28.04.2022 whereby this Court on noticing the fact that Title Suit No. 77 of 2013 was put up for argument on 17th December, 2022, directed the petitioner to file supplementary affidavit giving the present status of the said suit. In pursuance of order dated 28.04.2022, a supplementary affidavit was filed on behalf of the petitioner on 06.05.2022 stating that Title Suit No. 77 of 2013 is still pending for argument.

Heard learned counsel for the petitioner on the present interlocutory application.

On perusal of the order dated 19.02.2019 passed by a co-ordinate Bench of this Court in the present writ petition, it appears that after due consideration of the issue involved in the same, further proceeding of Title Suit No. 77 of 2013 was stayed till the next date i.e. 28.03.2019. Notices were simultaneously issued to the respondent nos. 1 to 3. The order-sheets further suggest that the present case was thereafter listed on different

dates. Though the petitioner represented on every date, yet no one appeared on behalf of the respondents. The interim order dated 19.02.2019 was continued till 25.07.2019 and thereafter the writ petition was not listed. In the meantime, the trial court, vide order dated 17.11.2021, keeping in view the judgment rendered by the Hon'ble Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & another Vs. C.B.I. reported in (2018) 16 SCC 299, treated the interim order dated 19.02.2019 passed by a co-ordinate Bench of this Court as deemed to have been vacated and fixed the case for argument.

Considering the aforesaid facts and circumstance, this Court is of the view that the issue raised by the petitioner in the present writ petition requires consideration. Hence, the order dated 17.11.2021 passed by the Sub-Judge/Civil Judge (Sr. Division), Jamshedpur in Title Suit No. 77 of 2013 is hereby stayed directing the trial court not to proceed further in the pending suit till further order of this Court.

I.A. No. 2356 of 2022 stands disposed of.

W.P.(C) No. 4504 of 2018 Put up this case on 24.06.2022 under appropriate heading.

(Rajesh Shankar, J.) Ritesh