Patna High Court
Smt. Janaklali Devi vs Most. Kamini Devi on 25 March, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.408 of 2025
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Smt. Janaklali Devi W/o Sri Pramod Kumar Thakur, Mohalla- G.N. Ganj,
P.O. and P.S.- Laheriasarai, District- Darbhanga.
... ... Petitioner/s
Versus
1. Most. Kamini Devi W/o Late Kedarnath Mahaseth @ Santosh Mahaseth,
Resident of Mohalla- Bakarganj, P.O. and P.S.- Laheriasarai, District-
Darbhanga.
2. Shakti Kumari D/o Late Kedarnath Mahaseth @ Santosh Mahaseth,
Resident of Mohalla- Bakarganj, P.O. and P.S.- Laheriasarai, District-
Darbhanga.
3. Bartika Kumari D/o Late Kedarnath Mahaseth @ Santosh Mahaseth,
Resident of Mohalla- Bakarganj, P.O. and P.S.- Laheriasarai, District-
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Parth Gaurav, Advocate
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 25-03-2025
Record taken up on mentioning being made on behalf
of the petitioner.
2. Heard learned counsel for the petitioner and I intend
to dispose of the petition at the stage of admission itself.
3. Learned counsel for the petitioner submits that the
petitioner was plaintiff of Title Suit No. 142 of 2007 which was
decreed on 09.10.2012 by learned Sub Judge-IV, Darbhanga
directing the defendant to execute sale deed in favour of the
petitioner within two months from passing of the decree as the
Patna High Court C.Misc. No.408 of 2025 dt.25-03-2025
suit was filed for Specific Performance of Contract. The
defendant preferred Title Appeal No. 38 of 2012 in the court of
learned District Judge, Darbhanga but the said appeal was
dismissed on 14.08.2013 upholding the judgment and decree
passed in Title Suit No. 142 of 2007. Thereafter, defendant
preferred Second Appeal No. 322 of 2013 before this Court
challenging the judgment and decree dated 14.08.2013 passed in
Title Appeal No. 38 of 2012 by learned District Judge,
Darbhanga. The said second appeal was dismissed at the stage
of admission itself on 10.02.2016 by learned Single Judge of
this Court. Meanwhile, the plaintiff/petitioner filed Execution
Case No. 02 of 2022 in the court of learned Sub-Judge,
Darbhanga and sale deed was executed in favour of decree-
holder on 08.08.2016 but the delivery of possession was not
handed over. Learned counsel further submits that since then 13
years have elapsed but the execution proceeding has not been
concluded. The petitioner has been running from pillar to post
and the learned executing court has not been following the
guidelines issued by the Hon'ble Supreme Court in the case of
Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others,
reported in (2021) 6 SCC 418. Learned counsel further submits
that the learned executing court may be directed to dispose of
Patna High Court C.Misc. No.408 of 2025 dt.25-03-2025
the execution proceeding within a stipulated time period.
4. Since the instant petition has been filed seeking
direction to the learned executing court for disposal of the
execution case of the petitioner pending before it for last 13
years within some stipulated time period, I find no need to issue
notice to the respondents.
5. Having regard to the facts and circumstances, the
learned Sub Judge-IV, Darbhanga is directed to dispose of
Execution Case No. 02 of 2012 in terms of directions of the
Hon'ble Supreme Court in the case of Rahul S. Shah Vs.
Jinendra Kumar Gandhi and Others (supra).
6. With the aforesaid direction, the present petition
stands disposed of.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.03.2025
Transmission Date NA
