Patna High Court
Vijay KumarversusSunaina Devi
- Decided
- Disposal
- WITHDRAWN
- Bench
- S B P SINGH
Holding
The application is dismissed for want of prosecution.
Summary
Vijay Kumar filed a civil miscellaneous application before the Patna High Court, which has been pending for about seven years. The court observed that the petitioner failed to appear or address the matter on four to five scheduled dates, indicating a loss of interest in pursuing the case. Given the prolonged inaction, the court considered the principle of want of prosecution. The judge concluded that the application could not be allowed to continue due to the petitioner’s neglect. Consequently, the court dismissed the civil miscellaneous application for want of prosecution.
Issues considered
- Whether the civil miscellaneous application should be dismissed for want of prosecution due to the petitioner’s prolonged inaction?
Subjects
- Civil Procedure
- want of prosecution
- delay
- dismissal
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.655 of 2018
======================================================
Vijay Kumar Son of Late Brijnandan Prasad, Resident of Mohalla- Bagmali
Khata Jangi, P.S. Hajipur, District- Vaishali.
... ... Petitioner/s
Versus
1. Sunaina Devi Widow of Late Devan Prasad Sinha. resident of Mohalla
Bagmali (Khakajangi), P.s. Hajipur Town, District Vaishali.
2. Sunil Kumar.
3. Sanjay Kumar.
4.1. Arti Sinha Wife of Late Ranjeet Kumar, Resident of Village Khatajangi
Baghmali, P.S. Hajipur Town, District Vaishali.
4.2. Ranbir Sinha minor son of Late Ranjeet Kumar, Resident of Village
Khatajangi Baghmali, P.S. Hajipur Town, District Vaishali.
4.3. Rishu Sinha minor son of Late Ranjeet Kumar, Resident of Village
Khatajangi Baghmali, P.S. Hajipur Town, District Vaishali.
5. Om Prishna Prasad Sinha,
6. Basant Kumar Sinha, Both Sons of Late Brijnandan Prasad.
7. Smt. Alka Devi, daughter of late Brijnand Prasad.
8. Most Mira Devi Widow of late Rajnandan Prasad.
9. Gautam, Son of Late Rajnandan Prasad.
10. Godwari Devi @ Mamta Devi, Widow of Late Raj Kishore Prasad.
11. Manoj
12. Madhukar Both sons of Raj Kishore.
13. Rina
14. Hina
15. Ina All daughters of late Raj Kishore Prasad.
16. Birendra Prasad, Son of Late Ram Chandra Prasad. All resident of Mohall
Bagmali Khakajangi P.S. Hajipur Town, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
33 12-12-2025 From perusal of earlier order sheets, it appears that
since four to five previous fixed dates, learned counsel for the
Patna High Court C.Misc. No.655 of 2018(33) dt.12-12-2025
2/2
petitioner is not addressing the matter. It appears that the
petitioner has lost his interest in pursuing this case.
2. Since the matter is pending consideration for the
last about seven years, the instant Civil Miscellaneous
application stands dismissed for want of prosecution.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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