Nawal Kishore Yadav vs Kuldip Rai and Others

Honorable Mr. Justice Shailesh Kumar Sinha

This appeal is directed against the order dated 25.6.2009 passed in Title Suit No. 278 of 2007 by the 3rd Subordinate Judge, Bhagalpur on a petition for injunction filed on behalf of the respondents with respect to the suit land, whereby defendants no. 1 to 7 of the suit were restrained from interfering with the peaceful possession of the plaintiffs over the suit land.

Considering the submissions of the appellants as also the respondents it appears that the parties are in agreement that the suit itself could be disposed of since the plaintiffs had already adduced their evidences and the case was posted for the evidence of the defendants. However, learned counsel for the respondents submits that the defendants are not appearing for evidence despite publication in the gazette. However, the suit has not been taken up for ex parte hearing.

Mr. Durgesh Nandan, learned counsel for the appellants submits that in case the defendant-appellants are not appearing, they would now be appearing and co-operating in the disposal of the suit.

Considering the submissions of the parties and in the facts and circumstances of the case, I am not inclined to interfere with the order under appeal. However, it is expedient in the interest of justice that the suit be disposed of at the earliest.

In the above circumstances, the appeal is disposed of with the direction to the court below to dispose of the suit, if not already disposed of, in accordance with law expeditiously, preferably within six months on receipt/production of the certified copy of the present order/judgment.

It is made clear that this Court has not gone into the merits of the matter.