Patna High Court
Md.Rehan @ Rehan & Ors vs Abdul Mannan @ Abdul Manan & O on 31 January, 2012
Author: Shailesh Kumar Sinha
Bench: Shailesh Kumar Sinha
Patna High Court MA No.318 of 2003 dt.31-01-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.318 of 2003
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1. Md.Rehan @ Rehan
2. Abdul Rahman
3. Md. Noman all sons of Late md. Sulaiman
4. Md. Shabbir son of Late Md. Luluman, all resident of Mohalla Dariyapur Gola,
P.S.- Pirbahore, District- Patna
5. Md. Jawed Kaifi son of Late Md. Usman resident of Mohalla Narkatghat, P.S.-
Alamganj, District- Patna
.... .... Appellant/s
Versus
1. Abdul Mannan @ Abdul Manan son of Late Md. Sulaiman, resident of Mohalla
Dariyapur Gola, P.S.- Pirbahore, District- Patna .... Respondent 1st Set
2. Md. Sultan
3. Md. Burhan both sons of Late Md. Sulaiman, resident of Mohalla Dariyapur
Gola, P.S. Pirbahore, District- Patna
4. Rafeya Khatoon wife of Md. Faruque
5. Rabiya Khatoon wife of Md. Shahabuddin
6. Hamida Khatoon wife of Late Md. Iftekhar
7. Raqueba Khatoon wife of Manzar Alam
8. Shakila Khatoon wife of Gulam Hussain
9. Aquela Khatoon wife of Abdul Rashid
10. Md. Irfan
11. Md. Perwez
12. Md. Sufiyan
13. Md. Azad all sons of Late Md. Usman
14. Nasima wife of Md. Moin
15. Naima wife of Md. Moazzam
16. Musarrat wife of Md. Amin
17. Md. Asim
18. Md. Hashim
19. Md. Abdullah
20. Md. Khalid all sons of Late Md. Umar
21. Ayesha wife of Owais
22. Shaheda wife of Shafique
23. Najmunnisa wife of Late Md. Luqueman
24. Md. Sajid son of Late Md. Luqueman
25. Shaguta Perveen wife of Manzar Karim
26. Shabbina wife of Nehal
27. Robina Farhana
28. Farzana
29. Farzana all daughters of Late Md. Luqueman
30. Abul Rasheed son of Md. Majid
31. Shamsher
32. Khurshid both sons of Rasheed
33. Shamima wife of Late Sagir
34. Sufiya wife of Tayyab
35. Simia wife of Iltaf, all residents of Mohalla Narkatghat, P.S.- Alamganj,
District- Patna
.... .... Respondent/s
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Patna High Court MA No.318 of 2003 dt.31-01-2012
Appearance :
For the Appellant/s : Mr. JYOTI PRAKASH SARKAR
Mr. ABINASH KUMAR
For the Respondent/s : Mr. BISHWA NATH CHOUDHARY
Mr. AKBAR ALI
Mr. SUNIL KUMAR SINHA-2
Mr. S.S.SHABBAR HUSSAIN
Mr. ZEYAUL HODA
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CORAM: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA) Heard learned counsel for the appellants. No one appears on behalf of the respondents.
This appeal is directed against the order dated 23.07.2003 passed by the learned Sub-Ordinate Judge, 2nd, Patna in Title (Partition) Suit No. 317 of 2000 whereby receiver was appointed to manage the suit property.
This Court by order dated 12.09.2003 on an interlocutory application No. 3938 of 2003 for stay of the operation of the impugned order issued notice and directed that in the meanwhile if any property have not been handed over to the receiver the same should be stayed. The same position was reiterated by the parties as would be appearing from the order dated 18.11.2008 passed by this court and considering the submissions of the parties that they are eager to get the suit disposed of this Court directed the trial Court to expedite the hearing of the suit in question and conclude it as soon as possible preferably on day to day Patna High Court MA No.318 of 2003 dt.31-01-2012 basis.
Mr. Sukumar Sinha, learned Senior Counsel appearing for the appellants submits that in the suit the evidence of the plaintiff as also the evidence on behalf of the defendant 1st Set has been concluded and the suit is pending for evidence of other defendants. Mr. Sinha further submits that it would be in the interest of both the parties that the suit itself be disposed of without delay.
Considering the above submissions, I am not inclined to consider the correctness or otherwise of the impugned order. The Court below is directed to dispose of the Title (Partition) Suit No. 317 of 2000 expeditiously preferably within a period of six months on receipt/production of the certified copy of the present order.
Till disposal of the suit, the operation of the order dated 23.07.2003 passed in Title (Partition) Suit No. 317 of 2000 pending in the Court of Sub-Ordinate Judge 2nd, Patna shall remain stayed.
The appeal accordingly stands disposed of.
( Shailesh Kumar Sinha,J.) Patna High Court 31st January,2012 N.A.F.R./Manish