Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 419 of 2024
Smt. Sarita Devi, aged about 74 years, wife of Shyam Narayan Singh, resident of Godargama, Gudarganwan, Rampur Matihani, P.O. & P.S. Maitihani, District - Begusarai (Bihar) presently residing at Village Ghaghidih, P.O. & P.S. Baghbera, District East Singhbhum.
..... … Petitioner
Versus
1. Sri Jambu Bhumji, son of Late Guna Bhumji, resident of Ghaghidih, P.O. & P.S. Baghbera, District East Singhbhum, Jharkhand.
2. Smt. Ashanta Murmu, wife of Sri Lakhan Murmu. Resident of - Ghaghidih, P.O. & P.S. Baghbera, District East Singhbhum, Jharkhand.
3. Deputy Commissioner, Jamshedpur, East Singhbhum, P.O. & P.S. & Town Jamshedpur, District East Singhbhum.
..... … Opposite Parties
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Vipul Poddar, Advocate. ------
04/ 20.01.2025 Heard learned counsel appearing for the petitioner.
2.
This petition has been filed under Article 227 of the Constitution of India for a direction upon the concerned learned court to expeditiously decide the Original (Title Suit) No. 151 of 2020, pending in the court of learned Civil Judge, (Junior Division-1), Jamshedpur, East Singhbhum.
3.
Learned counsel appearing for the petitioner submits that the said suit has been filed long back and till date, the same has not been decided, as such, appropriate direction may kindly be issued to decide the said suit at an early date.
4.
From the petition, it is not transpired that as to whose action, the said suit is being delayed. It is also not clear that the learned court is not passing the orders. It is for the parties to pursue the said suit diligently to decide the same at an early date.
5.
In para-47 of the decision of the Constitutional Bench in the case of High Court Bar Association, Allahabad Versus State of Uttar Pradesh & Ors., reported in (2024) 6 SCC 267, the Constitutional Bench of Hon’ble Supreme Court has held that the Constitutional
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Courts in a routine way, may not pass any order to the trial court to decide the suit within the stipulated time. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending.
6.
In view of the above, no positive order can be passed by this court. It is for the parties to take steps for early disposal of the case. As such, this petition is disposed of with the liberty to the petitioner to take steps before the learned court to decide the pending suit at the earliest.
(Sanjay Kumar Dwivedi, J.) Amitesh/-