Patna High Court - Orders
Smt. Sangita Sinha vs Smt. Bhawana Bhardwaj on 17 April, 2023
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
FIRST APPEAL No.83 of 2018
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Smt. Sangita Sinha Wife of Deepak Kumar Sinha, Resident of Flat No. A/164,
Peoples Co-operative Colony, P.s.-Kankarbagh, Patna.
... ... Appellant/s
Versus
1. Smt. Bhawana Bhardwaj Wife of Dr. Ajay Kumar Bhardwaj, permanent
resident of Village-Farda, Tola Shivrampur, P.s.-Naya Ram Nagar, District-
Munger, presently residing at B-150, Housing Colony, Kankarbagh, P.s.
Kankarbagh, Town and District-Patna.
2. Sri Deepak Kumar Sinha, son of Late Chandra Deo Prasad, Permanent
resident of Village-Sherpur, P.O.-Chapra, District-Saran, Presently residing
at A/164, Peoples Co-operative Colony, P.S.-Kankarbagh, Patna.
3. The Secretary, Peoples Co-operative Housing Construction Society Limited,
P.S.-Kankarbagh, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Radha Mohan Pandey
For the Respondent No. 1: Mr. J.S. Arora, Sr. Adv.
Mr. Manoj Kumar
Mr. Kushagra Kush
Mr. Ravi Bhatia
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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
17 17-04-2023Ld. counsel for the Appellant is seeking adjournment of hearing for two months so that he can get some copy of the record for argument.
Patna High Court FA No.83 of 2018(17) dt.17-04-2023 2/3 However, Ld. counsel for the Respondent No. 1 vehemently contests the submission of Ld. Counsel for the Appellant for any adjournment and points out that in this case the Trial Court had decreed the suit in his favour for specific performance by execution of sale-deed and by deposit of the whole consideration amount, the sale-deed has been executed. However, at the time of the delivery of possession of the suit land, the litigation developed and the possession could not be delivered to the Plaintiff/Appellant, on account of which the Appellant is suffering financially. He further submits that this case is running for hearing since 27.06.2022 and the case record shows that adjournment has been granted on request of the Appellant and even on the last date, adjournment was granted on request of the Appellant subject to condition that there would be no further adjournment. He also submits that in case, Ld. counsel for the appellant needs to peruse any document he has liberty to inspect the record.
Considering the aforesaid facts and circumstances, Court finds constraint to grant any adjournment further. Patna High Court FA No.83 of 2018(17) dt.17-04-2023 3/3 However, in the interest of justice one week time is given to the appellant to get ready for hearing of the appeal.
List this case on 24.04.2023.
(Jitendra Kumar, J) ashishkr/-
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