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2019 DIGILAW 1709 (JHR)

Laxmi Devi Khowala v. Pushpa Devi Khowala

2019-09-25

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad, J. - I.A. No. 8678 of 2019 Mr. Onkar Nath Tewary, learned counsel appearing for the proposed interveners has prayed on behalf of proposed interveners namely Mr. Aneesh Kumar Khowala and Tejas Kumar Khowala to pass appropriate order in interlocutory application being I.A. No. 8678 of 2019 for impleading them as party respondent to the present writ petition on the ground that they are already party to the suit and as such having substantial interest upon the aforesaid suit but the petitioner has not impleaded them as party respondents in the present writ petition, therefore, the instant interlocutory application. 2. Mr. Prashant Pallav, learned counsel appearing for the petitioner/defendant and Mr. Rajnish Jha, learned counsel appearing for the Respondent No.6/plaintiff to the suit, has raised no objection to the prayer made by the applicants to the instant interlocutory application. 3. After considering the reason assigned in the interlocutory application as also considering the fact that the applicants to the interlocutory application are defendants to the suit and therefore they having interest over the suit being party to the title suit before the trial court are necessary party and required to be impleaded, the prayer made in the instant interlocutory application is allowed. Office is directed to make necessary correction in the cause title of the instant writ petition. 4. I.A. No. 8678 of 2019 stands disposed of. W.P.(C) No. 4222 of 2019 5. This writ petition is under Article 227 of the Constitution of India whereby and whereunder a direction has been sought for from this Court upon the trial court to expedite and conclude the trial of Title Suit No. 107 of 1998 pending in the court of learned Sub Judge-II, Deoghar within a period of six months. 6. This Court, after hearing the learned counsel for the parties and taking into consideration the nature of prayer made in the writ petition, is of the view that the power of this Court conferred under Article 227 of the Constitution of India has been invoked to exercise the power of superintendence since the prayer made in the writ petition is for a direction upon the trial court to expedite the trial and conclude the same which, according to the petitioner, is by virtue of protracted trial. 7. 7. Learned counsel for the respondent has not raised objection about the early disposal of the suit in accordance with law. 8. This Court, after having heard the learned counsel for the parties and without expressing any opinion on the merit of the dispute and contention raised by the learned counsel for the respective parties, is of the view that this Court is required to exercise the power of superintendence conferred under Article 227 of the Constitution of India by directing the trial court (Sub Judge-II, Deoghar) to expedite the trial being Title Suit No. 107 of 1998 and conclude it within a period of five months from the date of receipt of the copy of the order. 9. This writ petition is accordingly disposed of. 10. The trial court, while disposing of the suit, will not be prejudiced by the order passed by this Court.