Anil Kumar Mistri @ Anil Kumar v. Jayshankar Prasad
Case at a glance
Outcome
Disposed of
directions, the instant petition stands disposed of
Provisions considered
- Code of Civil Procedure, 1908 O. 41 r. 5
Key paragraphs
- Para 77. However, it is made clear that if the appeal itself is disposed of during this period, the learned appellate court is not required to proceed with the disposal of the aforesaid application dated 22.02.2023.
Judgment
Versus Jayshankar Prasad S/o Late Sayug Prasad, R/o Village- Chanpatia, P.S- Chanpatia, District- West Champaran.
Godavari Devi W/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran.
Satish Kumar S/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran. Sarvesh Kumar S/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran. Sanjit Kumar @ Raju Kumar S/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran.
Devendra Prasad S/o Late Chandrika Sah, R/o Village and P.O- Sikta Bazar, Sonarpatti, P.S- Sikta, District- West Champaran.
Chinta Devi W/o Ranjan Prasad, R/o Village and P.O- Chanpatia, Near Purani Dharamshala, Ward No. 07, P.S- Chanpatia, District- West Champaran. Rajkumar S/o Late Ranjan Prasad, R/o Village and P.O- Chanpatia, Near Purani Dharamshala, Ward No. 07, P.S- Chanpatia, District- West Champaran.
Nitish Kumar S/o Late Ranjan Prasad, R/o Village and P.O- Chanpatia, Near Purani Dharamshala, Ward No. 07, P.S- Chanpatia, District- West Champaran.
Puja Kumari D/o Late Ranjan Prasad, R/o Village and P.O- Chanpatia, Near Purani Dharamshala, Ward No. 07, P.S- Chanpatia, District- West Champaran. ... ... Respondent/s
====================================================== Appearance : For the Petitioner/s For the Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Mr.Parth Gaurav, Advocate Mr. : : Date : 30-07-2025 Record taken up on mentioning being made on behalf of the petitioner. Patna High Court C.Misc. No.905 of 2025 dt.30-07-2025
2. Heard learned counsel for the petitioner.
The learned counsel for the petitioner submits that the petitioner has approached this Court with limited prayer seeking direction to the learned District Judge-X, Bettiah, West Champaran for disposal of an application dated 22.02.2023 filed by the defendant/appellant/petitioner under Order 41 Rule 5 of the Code of Civil Procedure in Title Appeal No. 17/2022 for stay of further proceeding in Execution Case No. 03/2022 pending before the learned Munsif, West Champaran. The learned counsel further submits that more than two years have elapsed, but the said application dated 22.02.2023 has not been taken up for disposal by the learned first appellate court. The learned counsel prays for direction to the learned appellate court for disposal of the said application within stipulated time period.
Since it is the matter seeking direction to the learned trial court for expeditious disposal of the aforesaid application dated 22.02.2023, which is pending for more than two years, I do not think there is any need to issue notice to the respondents.
5. It is unfortunate that the interlocutory applications are kept pending for such long period. Therefore, the learned District Judge-X, Bettiah, West Champaran is directed to Patna High Court C.Misc. No.905 of 2025 dt.30-07-2025 proceed in the matter and try to dispose of the aforesaid application dated 22.02.2023 filed by defendant/appellant/petitioner under Order 41 Rule 5 of the Code of Civil Procedure on its merits and in accordance with law at the earliest and preferably within a period of one month from the date of receipt/production of a copy of this order, if the appearance is complete.
6. The parties are also directed to cooperate in the matter for its early disposal without seeking unnecessary adjournment.
However, it is made clear that if the appeal itself is disposed of during this period, the learned appellate court is not required to proceed with the disposal of the aforesaid application dated 22.02.2023.
Operative part
8. With the aforementioned observations and directions, the instant petition stands disposed of. (Arun Kumar Jha, J) V.K.Pandey/- AFR/NAFR CAV DATE Uploading Date Transmission Date NAFR NA 30.07.2025 NA
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: directions, the instant petition stands disposed of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 41 r. 5.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.