Shivdeni Singh vs Gajendra Kumar Singh
2025 Latest Caselaw 1168 Patna

Patna High Court

Shivdeni Singh vs Gajendra Kumar Singh on 6 August, 2025

Author: Arun Kumar Jha

Bench: Arun Kumar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
           CIVIL MISCELLANEOUS JURISDICTION No.704 of 2025
                                         In
                        Miscellaneous Appeal No.612 of 2024
     ======================================================
     Shivdeni Singh, s/o Late Nakchhed Singh, Resident of Village - Sukarwaliya,
     Paragana- Kuwari, P.S. Phulwariya, District- Gopalganj.

                                                               ... ... Petitioner/s
                                       Versus
1.   Gajendra Kumar Singh, S/o Late Ram Shahay Singh Resident of Village -
     Kapuri, P.O. Panchdewari, P.S. Kateya, District- Gopalganj.
2.   Most. Lilawati Kunwar W/o Late Parash Nath Singh Resident of Village -
     Khadahin South Tola, P.O. and P.S. Bhorey, District- Gopalganj.
3.   Shanti Devi Subash Kushwaha, Resident of Village - Chhapiya, P.O.
     Bhengari Bazar, P.S. Khampar, District- Deoriya, (U.P.).
4.   Kishnawati Devi Wife of Bullu Bhagat Resident of Village - Mathiya, P.O.
     Ahiyapur, P.s. Bijaypur, District- Gopalganj.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Vinay Kumar Singh, Advocate
     For the Respondent/s   :     Mr.
     ======================================================
        CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                         ORAL JUDGMENT

Date : 06-08-2025

The record has been taken up on mentioning being

made on behalf of the petitioner.

2. Heard learned counsel for the petitioner.

3. However, learned counsel for the petitioner is not

in a position to apprise this Court about the present stage of

Probate Case No.17/2014 pending in the court of learned

Additional District Judge-7, Gopalganj except submitting that

the matter is still pending.

4. Perusal of order sheet annexed with the petition Patna High Court C.Misc. No.704 of 2025 dt.06-08-2025

shows on 31.10.2023, certain documents were marked as

exhibits. It also transpires from the order sheet that the probate

petitioner filed reply to the application dated 04.10.2023 filed

by the opposite party no.6. Thereafter, the matter has been fixed

for hearing. The learned counsel is not able to apprise this Court

as to whether the main matter was fixed for hearing or the

matter was hearing on the application dated 04.10.2023.

5. Be that as it may, since the petitioner has

approached this Court with limited prayer seeking direction to

the learned trial court for expeditious disposal of Probate Case

No.17/2014 pending before the court of learned Additional

District Judge-7, Gopalganj, without issuing notice to the

respondents, the learned trial court is directed to expedite the

proceeding of Probate Case No. 17 of 2014 and try to conclude

the same at the earliest on its merits and in accordance with law

considering the fact that the petitioner is aged about 85 years

and administrative orders have been issued from time to time for

taking up cases of senior citizen on priority basis.

6. At the same time, the parties are directed to

cooperate in the matter for its early disposal without seeking

unnecessary adjournment.

7. With the aforementioned observations and Patna High Court C.Misc. No.704 of 2025 dt.06-08-2025

directions, the instant petition stands disposed of.

(Arun Kumar Jha, J) V.K.Pandey/-

AFR/NAFR                NAFR
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Uploading Date          06.08.2025
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