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Patna High Court

Shiv Kumar AroraversusVinod Prasad

Decided
Disposal
DISPOSED

Holding

The High Court may direct the lower court to dispose of a pending eviction suit within a stipulated period to prevent undue delay.

Summary

The petitioner filed a civil miscellaneous application seeking a direction for the early disposal of Eviction Suit No. 07 of 2007, which was pending before the Munsif‑III Court, Bhojpur. The petitioner argued that the evidence had been closed, the case was long fixed for argument, and the respondent was habitually filing frivolous petitions to delay the suit. The High Court observed that the respondent was employing tactics to linger the proceedings and therefore directed the Munsif Court to dispose of the eviction suit as soon as possible, preferably within four months of receiving the order. Both parties were instructed to cooperate in the trial. The application was consequently disposed of with the direction for early disposal.

Issues considered

  • Whether a civil miscellaneous application seeking direction for early disposal of an eviction suit is maintainable
  • Whether the High Court can direct a lower court to dispose of a pending suit within a specified time frame

Legislation cited

Subjects

  • eviction suit
  • civil miscellaneous application
  • early disposal
  • direction to lower court
  • Bihar Buildings Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CIVIL MISCELLANEOUS JURISDICTION No.1527 of 2025
                 ======================================================
                 Shiv Kumar Arora Son of Ganesh Das Arora, Resident of Mohalla-Mahadeva
                 Road, Chitratoli Road, P.S.-Ara Nagar, District-Bhojpur (Bihar).

                                                                             ... ... Petitioner/s
                                                     Versus
                 Vinod Prasad Son of Dinanath Prasad, Resident of House No. 72, Ward No. 6,
                 Tari Mohalla, Ara, P.O.-Ara, P.S.-Ara Nagar, District-Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Anil Kumar
                 For the Respondent/s   :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   05-01-2026                 The instant Civil Miscellaneous application has been

                   filed on behalf of the petitioner seeking a direction for early

                   disposal of Eviction Suit No. 07 of 2007 filed under Bihar

                   Buildings (Lease, Rent and Eviction) Control Act, 1982,

                   pending in the Court of learned Munsif-III, Bhojpur at Ara.

                               2. Learned counsel for the petitioner submits that the

                   evidence of both the parties have been closed and case has been

                   fixed for argument since long. Defendant wants to linger the

                   present Suit and he is in habit of filing frivolous petition in the

                   Court below. Defendant never wants to get the present eviction

                   suit decided and for that he take different type of tactics to

                   linger the suit.

                               3. In this circumstance, learned Munsif-III, Bhojpur

                   at Ara is hereby directed to dispose of the aforesaid suit at the
          Patna High Court C.Misc. No.1527 of 2025(2) dt.05-01-2026
                                                       2/2




                    earliest, preferably within a period of four months from the date

                    of receipt of the copy of this order. Both the parties are directed

                    to diligently co-operate in the trial.

                                 4. Accordingly, the instant application stands disposed

                    of.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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