Created by Fuzzy Cloud

Patna High Court

Mohammad Isteyaq Alam @ Md. Inteyaq AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the District Judge, Nawada, must dispose of Title Appeal No. 09 of 2018 without further delay, in compliance with the earlier directions of the Court.

Summary

The petitioners filed a civil miscellaneous application seeking the High Court’s intervention to compel the District Judge, Nawada, to dispose of Title Appeal No. 09 of 2018, which remains pending despite a decree in the original Title Suit No. 167 of 2005. The petitioners argued that the district court had ignored earlier directions issued by a coordinate bench of the High Court in CWJC No. 9548 of 2025, which mandated disposal of the appeal by the end of the year. The respondents contended that no specific order had been breached, but the High Court noted the continued delay. Relying on the earlier order, the Court directed the district court to take up and dispose of the appeal without further postponement. Both parties were instructed to cooperate in ensuring the prompt conclusion of the appeal.

Issues considered

  • Whether the delay in disposing Title Appeal No. 09 of 2018 violates the procedural directives of the High Court.
  • Whether the High Court can issue a mandatory direction to the District Judge to expedite the pending appeal.
  • Whether the earlier order in CWJC No. 9548 of 2025 is enforceable against the respondents.

Subjects

  • title appeal
  • judicial delay
  • court directions
  • civil miscellaneous jurisdiction
  • enforcement of orders
  • procedural law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
            CIVIL MISCELLANEOUS JURISDICTION No.392 of 2026
     ======================================================
1.    Mohammad Isteyaq Alam @ Md. Inteyaq Alam Son of Mohammad Ishaque
      @ Mohammad Ishaque Ahsani, Resident of Village Pihara, Post Office and
      Police Station Gowan, District Giridih. At present residing at Revenue
      Village - Gondapur (Now part of Nawada Town), Post Office and Police
      Station and District - Nawada.
2.   Mohammad Islam, Son of Mohammad Ishaque @ Mohammad Ishaque
     Ahsani, Resident of Village - Pihara, Post Office and Police Station -
     Gowan, District - Giridih, at present residing at Revenue Village - Gondapur
     (Now Part of Nawada Town), Post Office and Police Station and District -
     Nawada.

                                                            ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary, Revenue and
     Land Reforms Department, Government of Bihar, Patna.
2.   The District Magistrate, Nawada.
3.   The Sub Divisional Officer, Nawada Sadar, Nawada.
4.   The Circle Officer, Nawada.
5.   The S.H.O., Nawada Sadar, Nawada.
6.   Bibi Sajida Begum @ Khatoon @ Sajda Khatun, Wife of Late Mohammad
     Nayeemuddin, Resident of Mohalla Musteum Road, Nawada Town, Post
     Office Nawada, Police Station Nawada, District Nawada, Bihar, 805110.
7.   Mohammad Kaisher Ali, Son of Late Naimuddin @ Late Mohammad
     Nayeemuddin, Resident of Mohalla Musteum Road, Nawada Town, Post
     Office Nawada, Police Station Nawada, District - Nawada, Bihar, 805110.
8.   Mohammed Yusuf, Son of Mohammed Ishaque @ Mohammed Ishaque
     Ahsani, Resident of Village Pihara, Post Office Gowan, District - Giridih, at
     present residin at Revenue Village - Gondapur (Now part of Nawada Town),
     Police Station and Police Station and District - Nawada.
9.   Mustaque Alam, Son of Mohammed Ishaque @ Mohammed Ishaque Ahsani,
     Resident of Village Pihara, Post Office Gowan, District - Giridih, at present
     residin at Revenue Village - Gondapur (Now part of Nawada Town), Police
     Station and Police Station and District - Nawada.
10. Mohammaed Isteyaq Alam, Son of Mohammed Ishaque @ Mohammed
    Ishaque Ahsani, Resident of Village Pihara, Post Office Gowan, District -
    Giridih, at present residin at Revenue Village - Gondapur (Now part of
    Nawada Town), Police Station and Police Station and District - Nawada.
11. Mohammed Ishar, Son of Mohammed Ishaque @ Mohammed Ishaque
    Ahsani, Resident of Village Pihara, Post Office Gowan, District - Giridih, at
    present residin at Revenue Village - Gondapur (Now part of Nawada Town),
    Police Station and Police Station and District - Nawada.
12. Mohammed Islam, Son of Mohammed Ishaque @ Mohammed Ishaque
    Ahsani, Resident of Village Pihara, Post Office Gowan, District - Giridih, at
         Patna High Court C.Misc. No.392 of 2026(2) dt.31-03-2026
                                                      2/4




                 present residin at Revenue Village - Gondapur (Now part of Nawada Town),
                 Police Station and Police Station and District - Nawada.
           13. Savita Devi, Wife of Upendra Kumar, Resident of Village Fuldih, Post
               Office - Fuldih, Police Station - Rupau, District - Nawada.
           14. Sunanina Devi, Wife of Dhirendra Kumar, Resident of Village Fuldih, Post
               Office - Fuldih, Police Station - Rupau, District - Nawada.
           15. Mohammed Haider, Son of Late Md. Nayeeduddin, resident of Mohalla
               Postmortem Road, Police Station Nawada Town, District Nawada.
           16. Mohammed Manauyer Alam, Son of Late Md. Nayeeduddin, resident of
               Mohalla Postmortem Road, Police Station Nawada Town, District Nawada.
           17. Mohammed Manjur Alam, Son of Late Md. Nayeeduddin, resident of
               Mohalla Postmortem Road, Police Station Nawada Town, District Nawada.
           18. Shahin Praveen, Wife of Md. Shahaq, Resident of Mohalla Postmortem
               Road, Police Station Nawada Town, District Nawada.
           19. Sabana Afrin, Wife of Md. Majeed, Resident of Village Nauranga, Post
               Office Manpur, Police Station - Gaya Muffasil, District - Gaya.
           20. Afsana Afrin, Wife of Md. Farid, Resident of Village - Fusro, Post Office
               and Police Station - Fusro, District - Giridih (Jharkhand).
           21. Yasmin Praveen, Daughter of Late Md. Nayeemuddin, Resident of Mohalla
               Postmortem Road, Police Station Nawada Town, District - Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bipin Kumar
                 For the Respondent/s     :        Mr.Government Pleader (24)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   31-03-2026                  Heard the parties.

                                2. The instant application has been filed on behalf of

                   petitioner for grant of the following reliefs:-

                                                         “I. For directing the respondents to
                                              immediate dispose of the Title Appeal filed in
                                              Title Appeal No. 09 of 2018 pending in the
                                              Court of learned District Judge, Nawada within
                                              the time as framed by the Court.
                                                         II. For commanding the respondents
                                              as to why the delay has been occurred in
Patna High Court C.Misc. No.392 of 2026(2) dt.31-03-2026
                                             3/4




                                   disposing the title appeal as filed by the
                                   respondents specially the respondent no. 6 Bibi
                                   Sajida Begum @ Khatoon @ Sajida Khatoon
                                   and respondent no. 7 Mohammad Kausar Ali.
                                                III. For commanding the respondents
                                   despite specific directions passed by the Bench
                                   of this Hon’ble Court in CWJC No. 9548 of
                                   2025 the delay has been occurred in disposing
                                   the appeal.
                                                IV. For commanding the respondents
                                   though the respondent no. 7 and 8 filed the writ
                                   application in CWJC No. 9548 of 2025, still the
                                   Title Appeal bearing No. 09 of 2018 has not
                                   been disposed of.”

                       3. Learned counsel for the petitioner submits that Title

          Suit No. 167 of 2005 was filed by the plaintiff/petitioner which

          was       decreed.       Against         that    judgment   and   decree

          defendant/respondent preferred Title Appeal No. 09 of 2018

          which is pending before the Court of learned District Judge,

          Nawada. Learned counsel further submits that respondent of the

          present appeal has earlier filed a CWJC No. 9548 of 2025 in

          which a Co-ordinate Bench of this Court held as under:-

                                                7. Since the grievance of the
                                   petitioner is that the Title Appeal Suit No.
                                   9/2018 is not being taken to its logical
                                   conclusion despite the same having been
                                   filed in the year 2018, it is high time that the
                                   concerned Court takes up the matter
          Patna High Court C.Misc. No.392 of 2026(2) dt.31-03-2026
                                                       4/4




                                             including any interim petition preferred by
                                             the petitioner and the same should be taken
                                             to its logical conclusion at an earliest
                                             preferably by the end of this year.
                                 4. Learned counsel also submits that despite of

                    aforesaid order, Title Appeal No. 09 of 2018 has not been

                    decided till date.

                                 5. In this view of matter, learned District Judge,

                    Nawada, is again requested to dispose of the aforesaid Title

                    Appeal at the earliest. Both the parties are also directed to

                    diligently co-operate in the disposal of the said appeal.



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

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.