IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.905 of 2025 ====================================================== Anil Kumar Mistri @ Anil Kumar S/o Late Laxmi Prasad Sah @ Gauri Shankar Prasad , R/o Mohalla- Purani Gudari, Bettiah, P.O. and P.S- Bettiah Town, District- West Champaran. ... ... Petitioner/s Versus 1. Jayshankar Prasad S/o Late Sayug Prasad, R/o Village- Chanpatia, P.S- Chanpatia, District- West Champaran. 2. Godavari Devi W/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran. 3. Satish Kumar S/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran. 4. Sarvesh Kumar S/o Late Harishankar Prasad, R/o Khiriyaghat, Chautariya Tola, New Colony, P.O- Bhitaha, P.S- Bairiya, District- West Champaran. 5. 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. 6. Devendra Prasad S/o Late Chandrika Sah, R/o Village and P.O- Sikta Bazar, Sonarpatti, P.S- Sikta, District- West Champaran. 7. 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. 8. 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. 9. 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. 10. 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 : Mr.Parth Gaurav, Advocate For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT 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 2/3 2. Heard learned counsel for the petitioner. 3. 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. 4. 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 3/3 proceed in the matter and try to dispose of the aforesaid application dated 22.02.2023 filed by the 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. 7. 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. 8. With the aforementioned observations and directions, the instant petition stands disposed of. V.K.Pandey/- (Arun Kumar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 30.07.2025 Transmission Date NA