Nimai Ghosh Aged About 73 Years Son Of ... vs Vijay Kumar Yadav @ Ghosh And Others .... ...
2025 Latest Caselaw 2376 Jhar

Jharkhand High Court

Nimai Ghosh Aged About 73 Years Son Of ... vs Vijay Kumar Yadav @ Ghosh And Others .... ... on 4 February, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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C.M.P. No. 1091 of 2023

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1.Nimai Ghosh aged about 73 years son of late Anand Lal Ghosh resident of Village Kasim Bnazar, PO and PS Rajmahal District Sahibganj

2.Shanti Ghosh aged about 62 years wife of Dhananjay Yadav @ Ghosh resident of Village Matiyal PO Rajmahal PS Rajmahal District Sahibganj ...... .... ... Petitioner(s)

-- Versus --

Vijay Kumar Yadav @ Ghosh and Others .... ...Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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           For the Petitioner(s)      :-     Mr. Gautam Kumar , Advocate
           For the Opp.Party(s)       :-
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3/04.02.2025     Heard the learned counsel for the petitioners.

2. This petition has been filed under Article 227 of the Constitution of India for direction upon the learned Civil Judge 1st Rajmahal to dispose of the F.D. Case No.02 of 2018 arising out of Title (Partition) Suit No.73 of 2005, pending before the learned Civil Judge 1st Rajmahal.

3. Learned counsel for the petitioner submits that after judgment/decree it is pending for preparation of final decree after dismissal of the appeal. However, till date, the decree has not been prepared. He submits in view of that appropriate direction may kindly be issued.

4. From the petition it is not clear as to how the learned court is at fault on not preparing the final decree.

5. In paragraph no.47.3 of the decision of the Constitution Bench in the case of High Court Bar Association, Allahabad v. State of Uttar Pradesh and Others reported in (2024) 6 SCC 267 it has been held that the Constitutional Courts in the ordinary course should refrain from fixing a time bound for disposal of the cases pending before any other court. It is for the concerned court to prioritize the cases for disposal.

6. In view of the above, no positive order can be passed. However, this petition is disposed of with liberty to the petitioner to pursue the matter before the learned court for its early disposal.

( Sanjay Kumar Dwivedi, J.)

SI/