Patna High Court
Sheikh Isarat vs Saiyad Najeeb Ahmad And Ors on 9 January, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.908 of 2017
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Sheikh Isarat Son of Late Sheikh Safi Resident of Mohalla - Karan Sarai, P.S.
P.O. - Sasaram, District - Rohtas.
... ... Petitioner/s
Versus
1. Saiyad Najeeb Ahmad son of Late Latif Ahmad
2. Smt. Asia Parveen Wife of Sayed Nazib Ahmad
3. Jiquddin Ahmad Son of Late Mohiuddin Ahmad All are residents of Mohalla
- Karan Sarai, P.O. P.S. - Sasaram, District - Rohtas.
4. Nehal Ahmad Son of Belal Ahmad
5. Jalal Ahmad son of Belal Ahmad All are residents of Mohalla - Idgah, Town
P.S. - Dehri, District - Rohtas.
6. Mahangai Lal Son of Gauri Shankar Halwai
7. Gopal Jee Son of Gauri Shankar Halwai Resident of Mohalla - Karan Sarai,
P.S. P.O. - Sasaram, District - Rohtas.
8. Madho Lal Son of Hiralal Halwai
9. Geeta Devi Wife of Parmanand Vishwakarma
10. Ramesh Prasad Jaiswal, Prop. Bajrang Engineering Works, Adda Road
Sasaram.
11. Khalil Ahmad Son of Imamuddin
12. Sultan Ahmad Son of Gulam Ali
13. Teju Mian Son of Lal Mohammad
14. Sheikh Khursid Son of Late Safi
15. Laila Khatoon Wife of Md. Kamran Resident of Mohalla - Karan Sarai, P.S.
P.O. - Sasaram, District - Rohtas.
16. The Chairman Sunni Waqf Board, Patna, S.P. Verma Road, Patna.
17. Rehana Khatun Wife of .......................................
18. Sheikh Shahjad Son of ........................................
19. Rinki Daughter of ............................
20. Sheikh Azad Son of Late Sheikh Safi
21. Firoj Khan Son of ................................
22. Dablu Khan Son of .............................. All are residents of Mohalla - Karan
Sarai, P.S. P.O. - Sasaram, District - Rohtas.
... ... Respondent/s
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Patna High Court C.Misc. No.908 of 2017 dt.09-01-2024
2/3
Appearance :
For the Petitioner/s : Mr. J.P. Singh, Advocate
Mr. Abhishek, Advocate
For Respondent No.6 : Md. Helal Ahmad, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 09-01-2024
Heard learned counsel for the petitioner as well as
learned counsel for respondent no. 16.
2. Learned counsel for the petitioner submits that
though the present petition has been filed for setting aside the
judgment dated 27.01.2017 passed by learned District Judge,
Rohtas at Sasaram in Civil Miscellaneous Appeal No. 02 of
1997 rejecting the prayer of the petitioner for injunction on the
suit property. However, considering the fact that the matter is an
old one and needs to be disposed of as soon as possible, he is
not pressing the relief as sought in the main petition. Learned
counsel further submits that the learned trial court may be
directed to dispose of the suit pending before it within a
stipulated period since the suit has been pending since 1995.
3. I think the learned counsel for the petitioner has
submitted very fairly and for the fact that the suit is still pending
after 28 years, it is duty of all concerned to see that such matters
are decided and disposed of as soon as possible. Hence, learned
Sub Judge-V, Rohtas at Sasaram is directed to dispose of the
suit, i.e., Title Suit No. 379 of 1995 within a period of six
Patna High Court C.Misc. No.908 of 2017 dt.09-01-2024
months from the date of receipt/production of a copy of this
order.
4. Parties are directed to cooperate towards disposal
in trial without taking unnecessary adjournments. The learned
trial court is to ensure that unnecessary adjournments are not
granted and if any party try to delay the disposal of the suit,
appropriate order must be passed.
5. With the aforesaid observation and direction, the
present petition stands disposed of.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.01.2024
Transmission Date NA
