Patna High Court
Dr. Gauri Shankar Lal @ Gauri Shanker Lal vs Md. Imtiyaz Hussain on 6 August, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.945 of 2025
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Dr. Gauri Shankar Lal @ Gauri Shanker Lal S/O Late Mithu lal Rai, R/O
Quality Corner Building, Opposite Hanuman Mandir, Boring Road Chauraha,
Patna
... ... Petitioner/s
Versus
Md. Imtiyaz Hussain S/O Late Md. Arif Hussain R/O Mohalla- New Colony
Bans Kothi, Digha, Distt.- Patna, at present Ma-Ma Footware, Ground Floor,
Mithulok, Opposite Dadiala Saw Mill, West Boring Canal Road, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Pandey, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 06-08-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner.
3. The present petition has been filed only for a
direction to learned Civil Judge (Senior Division)- VIII, Patna to
dispose of the Execution Case No. 79 of 2018, in a time bound
manner.
4. The learned counsel for the petitioner submits that
the petitioner, who is decree-holder, has filed Eviction Case No.
79 of 2018 in the court of learned Civil Judge (Senior Division)-
III, Patna for execution of decree passed in Eviction Suit No.
452/2014. The learned counsel further submits that the
petitioner has filed Eviction Suit No.452/2014, which was
Patna High Court C.Misc. No.945 of 2025 dt.06-08-2025
decreed on 04.09.2017 on the ground of personal necessity. The
judgment-debtor/defendant/respondent in order to frustrate the
decree firstly filed Title Eviction Appeal No. 06/2018 and kept it
pending for seven years and subsequently, it was dismissed as
withdrawn at his request vide order dated 28.07.2025, after the
petitioner filed the present civil miscellaneous petition and
thereafter the judgment-debtor filed a civil revision against the
order of learned trial court. The learned counsel further submits
that in this background, the learned executing court has not
proceeded further in the matter emboldening the judgment
debtor/respondent.
5. Since the petitioner has come before this Court with
limited prayer for expeditious disposal of his execution case
which is pending since 2018, I do not think there is any need to
issue notice to the respondent.
6. Having regard to the facts and circumstances and
submission made on behalf of the petitioner, learned executing
court, i.e, Civil Judge (Senior Division)-VIII, Patna is directed
to take up the Execution Case No. 79 of 2018 in all earnest and
try to dispose of it at the earliest in terms of the guidelines
issued by the Hon'ble Supreme Court in the case of Rahul S.
Shah Vs. Jinendra Kumar Gandhi and Others, reported in
Patna High Court C.Misc. No.945 of 2025 dt.06-08-2025
(2021) 6 SCC 418.
7. With the aforesaid observation/direction, the
present petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.08.2025
Transmission Date NA
