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Patna High Court

Laleshwar Prasad SrivastwaversusNilima Sinha and Ors

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application was dismissed for want of prosecution.

Summary

The petitioners, Gita Sinha (widow) and her sons, filed an application before the Patna High Court against the respondents, a group of relatives. The matter had been adjourned eleven times. No further prosecution of the application was undertaken. Consequently, the Court dismissed the application for want of prosecution. No substantive merits of the dispute were addressed.

Issues considered

  • Whether an application may be dismissed for want of prosecution after multiple adjournments

Subjects

  • civil procedure
  • dismissal
  • want of prosecution
  • adjournment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CIVIL MISCELLANEOUS JURISDICTION No.1439 of 2017
                 ======================================================
            1.1. Gita Sinha, Widow of late Laleshwar Prasad Srivastwa, Resident of
                  Mohalla- Jagdishpur, P.O. and P.S.-Jagdishpur, District-Bhojpur.
            1.2. Manish Sinha, Son of late Laleshwar Prasad Srivastwa, Resident of
                 Mohalla- Jagdishpur, P.O. and P.S.-Jagdishpur, District-Bhojpur.
            1.3. Ashish Kumar, Son of late Laleshwar Prasad Srivastwa, Resident of
                 Mohalla- Jagdishpur, P.O. and P.S.-Jagdishpur, District-Bhojpur.
                                                                            ... ... Petitioner/s
                                                    Versus
            1. Nilima Sinha and Ors Wife of Shri Akhileshwar Prasad Sinha,
            2.    Nalini Sinha, Wife of Shri Gokhleshwar Prasad Sinha @ Dadanji, Both are
                  resident of Village- Jagdishpur, P.S.- Jagdishpur, District- Bhojpur.
            3.    Mithileshwar Prasad Sinha, S/o Ramchandra Lal,
            4.    Lala Mohan Prasad Sinha, S/o Gopalji Lal,
            5.    Rama Devi, W/o Gopalji Lal,
            6.    Gokhleshwar Prasad Sinha, S/o Gopalji Lal,
            7.    Akhileshwar Prasad Sinha, S/o Gopalji Lal,
            8.     Vijaylaxmi, D/o Gopalji Lal, All are resident of Village- Jagdishpur, P.S.-
                   Jagdishpur, District- Bhojpur.
                                                                           ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr.Satish Kumar
                  For the Respondent/s   :      Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                        ORAL ORDER

12   16-03-2026                   None appears. Altogether eleven adjournments have

                    been taken in this case.

                                2 This application is dismissed for want of

                    prosecution.


                                             (S. B. Pd. Singh, J)

M.E.H./-

U


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