IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.800 of 2008 SURESH PRASAD RAM Versus SMT. INDU KUMARI & ORS ------ 3 7/7/2008 Heard counsel for the petitioner. The petitioner’s grievance against the impugned order dated 12.3.2008 with regard to refusal of permission by the court below for repairing the house in question, is absolutely misconceived, in as much as, when the court was not satisfied with the earlier conduct of the petitioner it had rightly refused such permission to him. This Court cannot ignore the alleged violation of the courts’ order when the petitioner had sought to exceed the limits and infact acted contrary to the earlier permission given to him which has resulted into filing a Misc. Case No. 14 of 2004 for disobedience of the Court’s order and is still pending against him. In that view of the matter, unless Misc. Case No. 14 of 2004 is disposed of with a finding that the petitioner did not violate the earlier order of the court, the court below could not allowed the prayer for repairing the house in question. Counsel for the petitioner, at this stage, submits that the house in question is a thatched house and therefore the petitioner should have been allowed such permission. In the opinion of this Court, what ever be nature of house whether thatched or pucca house which required repairs or 2 not, was well within the discretion of the court below, if the court on the materials on record went to hold that the petitioner is not a fit person in whose favour such exercise of power could be made by the court below, this Court cannot substitute its opinion in the matter by interfering with such discretion of power by the court. Counsel for the petitioner then submits that the suit is of the year 1999 and is at the stage of hearing and may thus be directed to be disposed expeditiously. In that view of the matter, this Court would direct the court below to dispose of the suit itself within a period of one year from the date of receipt/production of a copy of this order. With the aforesaid observations and directions this Civil Revision application is dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar