Patna High Court
Nimit Akhouri vs The Estate Of Deceased Vindhyachal ... on 25 February, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1379 of 2024
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Nimit Akhouri, S/o Late Akhouri Jaideo Narayan Sinha, R/o Gajendra Puri,
Garden of God School, Golamber Buxar, Bihar 802101.
... ... Petitioner/s
Versus
1. The Estate of deceased Vindhyachal Prasad alias Vindhyachal Chaudhary
son of Late Jagpat Ram alias Jagpat Chaudhary, Resident of Pipalpati Road,
Buxar, P.S. Buxar, Post-Buxar, District-Buxar-802101.
2. Sushila Devi, wife of Vidhyachal Prasad alias Vindhyachal Chaudhary,
Resident of Pipalpati Road, Buxar, P.S. Buxar, Post-Buxar, District-Buxar-
802101.
3. Ajay Kumar son of Vindhyachal Prasad alias Vindhyachal Chaudhary,
Resident of Pipalpati Road, Buxar, P.S. Buxar, Post-Buxar, District-Buxar-
802101.
4. Abhay Kumar, Son of Vindhyachal Prasad alias Vindhyachal Chaudhary,
Resident of Pipalpati Road, Buxar, P.S. Buxar, Post-Buxar, District-Buxar-
802101.
5. Vikash Kumar, son of Vindhyachal Prasad alias Vindhyachal Chaudhary,
Resident of Pipalpati Road, Buxar, P.S. Buxar, Post-Buxar, District-Buxar-
802101.
6. Krity Kumari, wife of Mukul Kumar, W/o Vindhyachal Prasad alias
Vindhyachal Chaudhary, Resident of Daldali Ganj, Patna City-800008.
7. Executive Director, Bihar Industrial Area Development Authority, 1st Floor,
Udyog Bhavan, Gandhi Maidan, Patna Bihar 800001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar Pandey, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 25-02-2025
The record taken up on mentioning being made on
behalf of the petitioner.
2. Heard learned counsel for the petitioner on the
point of admission and I intend to dispose of the instant petition
at the stage of admission itself.
Patna High Court C.Misc. No.1379 of 2024 dt.25-02-2025
3. The petitioner has approached this Court seeking
direction to the learned Additional District Judge-IV, Buxar to
expedite the proceeding of Probate Case No. 277/2022 and to
proceed ex-parte against the respondent 3rd set/opposite party
no.7.
4. Apparently, the petitioner has approached this
Court under Article 227 of the Constitution of India as this
Court has supervisory jurisdiction over all subordinate courts.
But I fail to understand how this Court is going to pass orders
interfering in the day to day working of the subordinate courts
and seeking relief of direction to the learned trial court to
proceed ex-parte is completely the misuse of the process of the
law.
5. The Hon'ble Supreme Court in the case of High
Court Bar Association, Allahabad vs. State of Uttar Pradesh
and Ors. reported in (2024) 6 SCC 267 has discussed the
situation under which the trial courts are directed to dispose of
certain cases in time bound manner and issued certain
guidelines and held that Constitutional Courts should not
normally fix a time-bound schedule for disposal of cases
pending in any court and further held that orders fixing the outer
limit for the disposal of cases should be passed only in
Patna High Court C.Misc. No.1379 of 2024 dt.25-02-2025
exceptional circumstances to meet extraordinary situations.
Paragraph 43 of the aforesaid decision reads as under:
"There is another important reason for
adopting the said approach. Not every litigant
can easily afford to file proceedings in the
constitutional Courts. Those litigants who can
afford to approach the constitutional Courts
cannot be allowed to take undue advantage by
getting an order directing out-of-turn disposal
of their cases while all other litigants
patiently wait in the queue for their turn to
come. The Courts, superior in the judicial
hierarchy, cannot interfere with the day-to-
day functioning of the other Courts by
directing that only certain cases should be
decided out of turn within a time frame. In a
sense, no Court of law is inferior to the other.
This Court is not superior to the High Courts
in the judicial hierarchy. Therefore, the
Judges of the High Courts should be allowed
to set their priorities on a rational basis.
Thus, as far as setting the outer limit is
concerned, it should be best left to the
concerned Courts unless there are very
extraordinary circumstances."
6. Since every litigant cannot approach this Court, the
ones who can approach this Court should not be given any
priority and should not be allowed any undue advantage by
giving directions for disposal of their cases in time bound
manner.
7. Further, unless there is any dereliction of duty on
part of the subordinate courts, the High Court should not
interfere with the functioning of the learned trial court in casual
Patna High Court C.Misc. No.1379 of 2024 dt.25-02-2025
manner and no direction should be given to the learned trial
court merely on asking of the parties.
8. Moreover, in the present case, the probate case has
only been filed in the year 2022 and there appears no inordinate
delay so as to invoke the supervisory jurisdiction of this Court.
9. Therefore, finding no merit in the present petition,
the same is dismissed.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.02.2025
Transmission Date NA
