Nimai Ghosh vs Vijay Kumar Yadav @ Ghosh
2022 Latest Caselaw 4128 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        C.M.P. No. 117 of 2022
         1.Nimai Ghosh
         2.Mira Kumari Ghosh @ Mira Kumari .... .. ... Petitioner(s)
                                    Versus
         1.Vijay Kumar Yadav @ Ghosh
         2.Prodeep Kumar Yadav @ Ghosh
         3.Ramanand Yadav @ Ghosh
         4.Devanand Yadav @ Ghosh                .. ... ...Opp. Party(s)
                        ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Petitioner(s) : Mr. Gautam Kumar, Advocate For the Opp. Party(s) :

......

03/ 11.10.2022. The instant C.M.P. has been filed under Article 227 of the Constitution of India for direction upon the learned court below for expeditious hearing and disposal of Civil Appeal No.17 of 2018 pending before the court of learned Addl. District Judge-I, Rajmahal.

It is submitted by learned counsel appearing on behalf of the petitioners that the said Appeal arises out of Original Suit being O.S. No.73 of 2005 which was disposed of, vide judgment dated 21.03.2018 against which the defendants preferred the appeal which is now pending before the learned court below.

It is further submitted that the petitioners being plaintiffs-decree holders are senior citizens and the partition of the property could not be effectuated because of the pendency of the aforesaid Appeal.

Considering such submissions, learned court below is directed to take steps to dispose of Civil Appeal No.17 of 2018 at the earliest, preferably within a period of three months from the date of receipt of this order Accordingly, the instant C.M.P. stands allowed.

(Gautam Kumar Choudhary, J.) Sandeep/