IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9404 of 2011 ====================================================== Reema Singh, W/o Sri Kamakhya Narain Singh, R/o Flat No. B/1 202, R.K. Villa Apartment, Mahesh Nagar, P.S.- Patliputra, Distt.- Patna. .... .... Petitioner Versus 1. Shanti Devi W/o Sri Hari Narain Singh 2. Hari Narain Singh son of Late Bhuneshwar Prasad Both resident of Mohalla-Police Colony, Anisabad, House No.166, P.S. Gardanibagh, District-Patna. 3. Indu Gautam, Wife of Late Jitendra Prasad Singh 4. Eshna Singh minor daughter of Late Jitendra Prasad Singh 5. Haresh Rohan minor son of Late Jitendra Prasad Singh Both Minors (Respondent No.4 and 5) are under the guardianship and well wisher of their natural Mother Smt. Indu Gautam, all Resident of Mohalla- Police Colony, Anisabad, House No.166, P.S. Gardanibagh, District-Patna. 6. M/s Mitra Mandal Grih Nirman Samiti Ltd., bearing Registration No.29, Pat 1983 having its office at Mohalla-Purandarpur, P.S. Jakkanpur, District-Patna and at present its office at Saket Bihar, Mitra Mandal Colony, Anisabad, P.S. Phulwari, District-Patna through its Secretary Daroga Rai. 7. Sri Prafulla Ranjan Son of Basant Kumar Sinha, resident of 1/3, M/W Block, P.N.T. Colony, Kidwaipur, P.S. Kotwali, District Patna, at present Orange Tower, Sector-II, C.B.D. Balapur, New Mumbai. 8. Smt. Veena Pandey, Wife of Sri Dev Das Pandey, 9. Smt. Anuja Singh, Wife of Sri Arun Kant Singh, Both residents of at Mohalla-Mitra Mandal Colony Anisabad, P.S. Phulwari, District-Patna. .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Madhurendra Kumar, Advocate Mr. Ansul Patna High Court CWJC No.9404 of 2011 (9) dt.21-12-2011 2 / 3 2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 9. 21-12-2011 Feeling aggrieved by the order dated 23rd April 2011 made by the District Judge, Patna in Civil Misc. Transfer Petition No.76 of 2011, the plaintiff in Title Suit No.120 of 2011 has filed this Petition under Article 227 of the Constitution. The respondent nos. 1 and 2 have instituted Title Suit No.14 of 2008 in the Court Munsif-I, Patna for declaration of title and permanent injunction against the petitioner and two others in respect of the suit property being Plot No.207 in Mitra Mandal Sahkari Grih Nirman Samiti. According to the said plaintiffs, they are the purchaser of the Plot No.207 from the Society and that the defendant, the present writ petitioner, is interfering with their possession. Pending the proceeding, the petitioner-defendant no.2 in the said suit, instituted Title Suit No.120 of 2011 for declaration of title in respect of the said Plot No.207 in the Court of Sub- Judge-III, Patna. She also filed Transfer Petition No.76 of 2011 for transfer of suit for hearing with the Title Suit No.14 of 2008. The application was contested by the plaintiff in Title Suit No.14 of 2008. The learned District Judge has upheld the objection and has rejected the petition. Therefore, the present Petition. I have heard the learned advocate Mr. Madhurendra Kumar extensively. The learned District Judge has rejected the transfer petition on the ground that the Title Suit No.14 of 2008 has progressed considerably, if the transfer petition were allowed it will delay the trial of Title Suit No.14 of 2008. Patna High Court CWJC No.9404 of 2011 (9) dt.21-12-2011 3 / 3 3 It is indisputable that the trial of the Title Suit No.14 of 2008 has proceeded considerably. The plaintiff’s witnesses have also been examined. The petitioner appears to have made counter claim in Title Suit No.14 of 2008 long after the date of the Title Suit No.14 of 2008. Obviously, both the suits if were ordered to be heard together, the trial of the Title Suit No.14 of 2008 will be delayed. In my view the learned District Judge, Patna has rightly rejected the application. The writ petition is dismissed in limine. Pawan/- (R.M. Doshit, CJ)