IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 706 of 2011
Dr. Ram Swarath Pandey & another ...... Petitioners
Versus
Bimal Kumar & others ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioners : Mr. Amit Kumar Das, Advocate
For the Respondents : Mr. Ayush Aditya, Advocate,
Mrs. Debolina Sen, Advocate
st
03/Dated: 21 February, 2011
1.
Learned counsel appearing for the petitioners submitted that the petitioners
are the plaintiffs in Title Suit No. 170 of 2004, which is pending before the court
of learned Sub JudgeIX, Ranchi. It is further submitted by learned counsel for
the petitioners that the plaintiffs have to examine one more witness and,
thereafter, let the trial court be directed to complete the trial within stipulated
time. Even previously also, a writ petition bearing W.P. (C) No. 5534 of 2009 was
preferred by the petitioners and the direction was given to dispose of the suit
within six months vide order dated 15th March, 2010. Such time limit is already
over and till today the trial is going on. The respondents (original defendants)
are taking time and they are interested in prolonging the dispute between the
parties as they are in possession of the properties.
2. I have heard learned counsel for the respondents, who has submitted that
they are not interested in lengthening the title suit, pending before the trial
court. In fact, they are cooperating in the hearing of the aforesaid title suit and
they are not asking any unnecessary adjournments. It is further submitted by
learned counsel for the respondents that the plaintiffs have not examined their
all the witnesses and, therefore, no sooner did, the examination of plaintiffs’
witness are over, the defendants’ side will complete their evidences.
3. In view of the aforesaid submissions and looking to the facts and
circumstances of the case and also looking to the previous order passed by this
Court in W.P. (C) No. 5534 of 2009 on 15th March, 2010, I hereby direct the Sub
JudgeIX, Ranchi to hear and finally dispose of Title Suit No. 170 of 2004 on or
st
before 31 May, 2011
. I also direct the Sub JudgeIX, Ranchi to report this Court
the progress report of Title Suit No. 170 of 2004 on every first week of English
Calendar month. No unnecessary adjournments will be given by the trial court
to the parties.
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4. Learned counsels for both sides have assured that they shall cooperate in
the hearing of the title suit and they shall not ask any unnecessary
adjournments.
5. Learned counsel for the petitioners shall present order sheet of Title Suit
No. 170 of 2004 on every months before this Court.
6. Registry of this Court, is directed to get the progress report of Title Suit
No. 170 of 2004 from the Sub JudgeIX, Ranchi on every first week of English
calendar.
7. The matter is adjourned to be listed on 7th March, 2011.
(D.N. Patel, J.)
Ajay