Patna High Court
Md. SubhanversusSri Narayan Bhandari
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The appeal is disposed of, the status‑quo order is set aside, and the parties are directed to approach the civil court for disposal of the title suit within a year.
Summary
The appellants filed a Miscellaneous Appeal against an order dated 15.04.2024 that had maintained the status quo in Title Suit No. 227 of 2016 under Section 151 of the CPC. Both parties consented that they wished the pending title suit to be disposed of promptly. The High Court, noting the mutual consent, set aside the status‑quo order and directed the parties to appear before the competent civil court within two weeks and to have the suit concluded preferably within a year. The court disposed of the appeal without addressing the merits of the underlying dispute, merely directing the parties to pursue their claims before the civil court. All pending interlocutory applications, if any, were also dismissed.
Issues considered
- Whether a Miscellaneous Appeal can be disposed of without adjudicating the merits when both parties consent to the disposal of the underlying suit.
- Whether an order under Section 151 CPC directing a status‑quo can be set aside on the parties' agreement.
- Whether the appellate court can direct the parties to approach the civil court for disposal of the title suit within a specified time.
Legislation cited
- Code of Civil Procedure, 1908 — s. 151
Subjects
- title suit
- status quo
- miscellaneous appeal
- civil procedure
- jurisdiction
- disposal
- consent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.911 of 2024
======================================================
1. Md. Subhan Son of Late Pharman Nut @ Pharman Khalifa, Resident of
Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.-
Jhanjharpur, P.O- Jhanjharpur, District- Madhubani.
2. Md. Amir @ Bhulla Son of Late Pharman Nut @ Pharman Khalifa, Resident
of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.-
Jhanjharpur, P.O- Jhanjharpur, District- Madhubani.
3. Md. Jamir @ Md. Jahir Son of Late Pharman Nut @ Parman Khalifa,
Resident of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur,
P.S.- Jhanjharpur, P.O- Jhanjharpur, District- Madhubani.
4. Md. Afjal Son of Late Md. Saied (Shaheed). Resident of Village- Eslampur,
Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.- Jhanjharpur, P.O-
Jhanjharpur, District- Madhubani.
... ... Appellant/s
Versus
1. Sri Narayan Bhandari Son of Late Deo Narayan Bhandari, Resident of
Village Bhandari Tola/Kutti Tol Ward No. 13, New Ward No.8, P.O.-
Jhanjharpur, District- Madhubani.
2. Badri Narayan Bhandari Son of Late Deo Narayan Bhandari, Resident of
Village Bhandari Tola/Kutti Tol Ward No. 13, New Ward No.8, P.O.-
Jhanjharpur, District- Madhubani.
3. Madina Khatoon Wife of Late Pharman Nut @ Pharman Khalifa, Resident
of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.-
Jhanjharpur, P.O- Jhanjharpur, District- Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Nutan Sahay, Advocate
For the Respondent/s : Mr. Prabhat Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 19-02-2026 Heard Mrs. Nutan Sahay, learned counsel for the
appellants and Mr. Prabhat Ranjan representing the respondent
nos. 1 and 2.
2. The present appeal has been preferred:
“against the impugned order dated
Patna High Court MA No.911 of 2024(7) dt.19-02-2026
2/3
15.04.2024 passed in Title Suit No. 227 of 2016 by
learned Sub-Judge II, Jhanjharpur, Madhubani
whereby and whereunder the petition of the
plaintiffs dated 26.11.2022 filed u/o 39 Rule 1&2
read with Section 151 of C.P.C. has been allowed
and directed to maintain the status quo with
respect to the suit land till the disposal of the suit.
3. Learned counsel for the appellant submits that Title
Suit No. 227 of 2016 [CIS No. 285 of 2016 (Sri Narayan
Bhandari & Anr. vs. Md. Subhan & Ors.)] is pending before the
competent Court at Jhanjharpur, Madhubani and both the parties
have consented that they want the disposal of the said petition
which is pending since the year 2016.
4. Since both the parties have appeared and they both
want the disposal of the present appeal with further prayer that
the Title Suit No. 227 of 2016 be taken to its logical conclusion,
the MA. No. 911 of 2024 stands disposed of allowing the parties
to appear before the competent Court at Jhanjharpur, Madhubani
in next two weeks and the Court shall be taking up the matter
and see to it that the Title Suit is disposed of at an earliest
preferably within a period of one year.
5. The Miscellaneous Appeal is disposed of (allowing
Patna High Court MA No.911 of 2024(7) dt.19-02-2026
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them to agitate all the points before the concerned Civil Court)
without commenting on the merit of the case.
6. Pending I.A., if any, also stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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