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Patna High Court

Vijay KumarversusSunaina Devi

Decided
Disposal
WITHDRAWN

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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