Sanjay Kumar vs Shanti Devi
2025 Latest Caselaw 326 Patna

Patna High Court

Sanjay Kumar vs Shanti Devi on 15 May, 2025

Author: Arun Kumar Jha

Bench: Arun Kumar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
           CIVIL MISCELLANEOUS JURISDICTION No.360 of 2024
     ======================================================
     Sanjay Kumar, son of Ganesh Prasad Gupta, resident of Badi Gaddi Campus,
     Shish Mahal Chowk, Gangi Road, P.O. Mirganj, P.S. Arrah Town, District-
     Bhojpur at Arrah.

                                                           ... ... Petitioner/s
                                    Versus
1.   Shanti Devi W/o Late Lakshmi Prasad, Resident of Haldi Bazar, Mohalla-
     Mauna Chak, P.S. Mauna Adda, Chapra, District-Saran.
2.   Akhilesh Prasad, son of Late Lakshmi Prasad, Resident of Gandhi Chowk,
     P.S.-Town Chapra, District Saran.
3.   Mithlesh Kumar, son of Late Lakshmi Prasad, Resident of Gandhi Chowk,
     P.S.-Town Chapra, District Saran.
4.   Babudhan Prasad, son of Late Lakshmi Prasad, Resident of Gandhi Chowk,
     P.S.-Town Chapra, District Saran.
5.   Nandan Kumar, son of Late Lakshmi Prasad, Resident of Gandhi Chowk,
     P.S.-Town Chapra, District Saran.
6.   Dadan Prasad, S/o Laxmi Prasad, Resident of Haldi Bazar, Mohalla-Mauna
     Chak, P.S. Mauna Adda Chapra, District-Saran.
7.   Kundan Kumar, S/o Laxmi Prasad, Resident of Haldi Bazar, Mohalla-Mauna
     Chak, P.S. Mauna Adda Chapra, District-Saran.
8.   Rajiv Kumar, S/o Ganesh Prasad Gupta, resident of Badi Gaddi Shis Mahal
     Chowk, Gangai Road, P.S.-Arra Town, District-Bhojpur at Arrah.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Brajesh Kumar Singh, Advocate
     For the Respondent/s   :     Mr.
     ======================================================
        CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                         ORAL JUDGMENT
      Date : 15-05-2025

                  The 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 present petition at the stage of admission itself.

                  3. The petitioner is aggrieved by the order dated

      03.01.2024

passed by the learned Sub Judge-IV, Bhojpur at Ara Patna High Court C.Misc. No.360 of 2024 dt.15-05-2025

in Title Suit No. 919 of 2023 whereby and whereunder the order

of status quo granted vide order dated 19.10.2023 by the learned

trial court has been vacated.

4. Perusal of record shows the order dated 19.10.2023

has been passed in absence of the defendants and while passing

the order restraining the defendants from interfering in the suit

property, the parties were directed not to alienate the suit land

till the disposal of the application dated 02.09.2023 filed by the

plaintiff/petitioner seeking injunction.

5. The learned counsel for the petitioner submits that

the said application has not been disposed of and the learned

trial court is not taking any interest for disposal of the

application and the petitioner restricts his prayer before this

Court for direction to the learned trial court to dispose of the

application dated 02.09.2023 filed by the plaintiff/petitioner, in

a time bound manner.

6. In the light of aforesaid facts and circumstances as

well as submission made on behalf of the petitioner, learned Sub

Judge-IV, Bhojpur at Ara is directed to dispose of the aforesaid

injunction petition dated 02.09.2023 filed in Title Suit No. 919

of 2023 by the plaintiff/petitioner, at the earliest preferably

within a period of one month from the date of receipt/production Patna High Court C.Misc. No.360 of 2024 dt.15-05-2025

of a copy of this order.

7. With the aforesaid observations/directions, the

instant petition stands disposed of.

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

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          15.05.2025
Transmission Date       NA