IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Revision No.617 of 2010
Most. Muneshwari Kuwar
Versus
Hira Muni Devi
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8 13-9-2011 I.A.No. 4410 of 2011
This Interlocutory application has been filed on
behalf of the petitioner praying for stay of the further
proceeding in T.S.No. 1 of 2005 pending in the court of
Subordinate Judge III, Buxar, till the disposal of this
revision application. However, with the consent of the
parties this revision application itself is being finally
disposed of at this stage.
The Title Suit No. 1 of 2005 has been filed by the
plaintiff-opposite party for specific performance of contract
. The defendant-petitioner appeared and filed the written
statement contesting the claim of the plaintiff on various
grounds including the enforceability of the agreement for
sale, relied upon by the plaintiff, for want of registration.
From the impugned order it appears that the issues in the
suit have been framed on 13-2-2007 which also include the
issue regarding the maintainability of the suit. A
supplementary affidavit has been filed on behalf of the
petitioner wherein it has been stated that the evidence of the
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plaintiff was closed on 3-1-2011 and the evidence of the
defendant was closed before 10-8-2011. It has been further
stated that the proceeding had been adjoured for argument
to 8-9-2011. The learned counsel appearing on behalf of the
opposite party has informed that as per his instruction the
next date for argument has been fixed to 23-9-11 in the suit.
Both the parties have agreed that this revision
application be disposed of with a direction to the court
below to consider the objection raised by the petitioner in
his petition dated 7-5-2007.
In view of the aforesaid facts, particularly the fact
that the hearing of the suit has reached to a very advanced
stage where only the argument is to be done by the parties,
it would be just and proper that the learned court below be
directed to consider the objections raised by the petitioner in
his petition dated 7-5-2007 at the time of hearing the
argument and delivering the judgment.This Court directs
accordingly.
With these directions this revision application is
disposed of.
It may be recorded that this Court has not
expressed any opinion on the merits of the objections raised
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by the defendant-petitioner in his petition dated 7-5-2007
and those objections shall be considered and decided by the
court below in accordance with law without being
prejudiced by this order.
( V. Nath, J.)
roy
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