Patna High Court
Yogendra Sinha vs Chandra Bhushan Singh on 3 January, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.362 of 2023
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1. Yogendra Sinha, son of Late Nandipat Singh, Resident of Village-
Narsinghpur, P.S.-Mushari, District-Muzaffarpur.
2. Pallav Kumar, son of Shri Yogendra Sinha, Resident of Village-Narsinghpur,
P.S.-Mushari, District-Muzaffarpur.
3. Sourbah Kumar Chandan, son of Shri Yogendra Sinha, Resident of Village-
Narsinghpur, P.S.-Mushari, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. Chandra Bhushan Singh S/o Late Ramautar Singh, Resident of Village-
Prahaledpur, P.S.-Mushahari, District-Muzaffarpur.
2. Vijay Bhushan @ Vijay Singh, S/o Late Ramautar Singh, Resident of
Village-Prahaledpur, P.S.-Mushahari, District-Muzaffarpur.
3. Smt. Indira Sinha, Widow of Late Ramchandra Pd. Singh, Resident of
Village-Prahladpur, P.S.-Mushahari, District-Muzaffarpur.
4. Uday Kumar, S/o Late Ramdeo Thakur, Resident of Village-Prahladpur,
P.S.-Mushahari, District-Muzaffarpur.
5. Smt. Sarita Devi, W/o Raghavendra, Resident of Village-Bhgnati, Sakara,
District-Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Yogendra Mishra, Sr. Advocate
Ms.Swati Mishra, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 03-01-2024
Heard learned senior counsel appearing on behalf of
the petitioners.
2. The instant petition has been filed seeking
following reliefs :
"i. Commanding the Sub-Judge IXth Court,
Muzaffarpur East to hear and dispose of Partition
Suit No.352 of 2000 within a time frame be issued.
ii. An appropriate Writ/ order/ direction
commanding the learned Sub judge IXth Court,
Patna High Court C.Misc. No.362 of 2023 dt.03-01-2024
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Muzaffarpur East to dispose of the petitions
marked as Annexure (1), (2) and (3) within a time
frame be issued.
iii. Any other relief to which the petitioners are
found entitled to, be issued".
3. At the very outset, learned senior counsel appearing
on behalf of the petitioners submits that the petitioners have
filed Partition Suit No. 352 of 2000 before the learned court
below in which three petitions, i.e., the petition dated
04.01.2022
for taking steps for hearing of the suit, the petition
dated 04.01.2022 for appointment of Receiver and the petition
dated 04.01.2022 for injunction under Order 39 Rule 1 & 2 read
with Section 151 of the Code of Civil Procedure have been
filed, but the said petitions are still pending. The learned senior
counsel further submits that it will suffice if a direction for
disposal of the aforesaid pending petitions in Partition Suit
No.352 of 2000 as well as the partition suit itself within a
reasonable period is issued without entering into the detailed
merits of the matter.
4. Obviously the partition suit is of the year 2000 and
even the aforesaid petitions have not been disposed of till date
as contended by the learned senior counsel appearing on behalf
of the petitioner.
Patna High Court C.Misc. No.362 of 2023 dt.03-01-2024
5. Expeditious disposal of the civil suit is in the
interest of parties and in general public as well and there could
be no denial of this fact.
6. Having considered the aforesaid facts and
circumstances as well as submission made on behalf of the
petitioners, the learned Sub-Judge, 9th, Muzaffarpur (East) is
directed to dispose of the aforesaid pending petitions filed in
Partition Suit No. 352 of 2000 by the petitioners on its merits
and in accordance with law within a period of six month from
the date of receipt/production of a copy of this order and,
thereafter, go on to dispose of the Partition Suit No.352 of 2000
in next six months, without adjourning the matter unnecessarily.
7. The parties are also directed to cooperate in the
matter for its early disposal without seeking unnecessary
adjournment.
8. With the aforementioned observations and
directions, the instant petition is disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 04.01.2024
Transmission Date N/A
