IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.97 of 2009 1. Manish Kumar, Son of Late Shyam Babu Gupta. 2. Khushi Kumari. 3. Shyam Kumar. Both minor daughter and son of Manish Kumar, under the guardianship of their father and natural guardian Manish Kumar. All residents of Hotel Asia at Frazer Road, P.O. –G.P.O., P.S. – Kotwali, District – Patna. ………….. Plaintiffs……….. Appellants Versus 1. Binod Kumar Gupta, Son of Late Shyam Babu Gupta. 2. Vikky Kumar. 3.Aman Kumar Both sons of Binod Kumar Gupta. 4. Shruti Kumari, Daughter of Binod Kumar Gupta. 5. Saurabh Kumar, Minor son of Binod Kumar Gupta, under the guardianship of his father and natural guardian Binod Kumar Gupta. 6. Rita Devi @ Rita Gupta, Wife of Binod Kumar Gupta. 7. Mostt. Sumitra Devi, Widow of Late Shyam Babu Gupta. All residents of Asia Hotel at Frazer Road, P.O. – G.P.O., P.S. – Kotwali, District – Patna. 8. Kiran Devi, Daughter of Late Shyam Babu Gupta & Wife of Anurag Sharan Gupta, Resident of Bhattacharya Road, P.O. – G.P.O., P.S. – Gandhi Maidan, District – Patna. 9. Manju Devi, daughter of Late Shyam Babu Gupta & wife of Santosh Kumar Gupta, resident of Nala Road, Ram Sewak Bhawan, Langertoli Gali, P.O.- Bankipur, P.S. – Kadam Kuan, District – Patna. 10. Urmila Devi, daughter of Late Shyam Babu Gupta, Wife of Satrudhan Kumar Gupta, Resident of Birla Mandir, Bhanwar Pokhar Park Gali, P.O. – Bankipur, P.S. – Pirbahore, District – Patna. 11. Meena Devi, Daughter of Late Shyam Babu Gupta & Wife of Pramod Kumar Gupta, Resident of Ram Nagar, Bengali Tola, Devi Asthan, P.O. – G.P.O., P.S.- Jakkanpur, District – Patna. 12. Anju Devi, Daughter of Late Shyam Babu Gupta & Wife of Raju Prasad Gupta, Resident of Mohalla – Chak Binda, P.O. – Anisabad, P.S. – Gardanibagh, District – Patna. 13. Runa Devi, daughter of late Shyam Babu Gupta & Wife of Rakesh Kumar, Resident of N-8/192, A.I.C. Pragya Nagar, Sundarpur, Varanasi, New Chura Mata Mandir, P.O. – Lanka, P.S. – Lanka, District – Varanasi. ………….. Defendants…………. Respondents ---------------------------------- 17 12/09/2011 Heard Sri Jitendra Kishore Verma who was assisted by Sri Arif Daula Siddiqui, learned counsel for the appellant and Sri K.N. Choubey, learned Senior Advocate appearing on behalf of Respondent Nos. 1, 2, 3, 5 & 6. The present appeal under order XLIII Rule 1 (S) of the C.P.C. was preferred against an order dated 25/11/2008 whereby learned Sub Judge I, Patna had rejected the petition filed by the appellant for appointing receiver in Title Partition Suit No. 187 of 2007. Without going into the merit of the case, keeping in view the fact that prayer for appointment of receiver was refused long back in the year 2008, it would not be appropriate to interfere at this stage. However, keeping in view the fact that Partition Suit is pending since the year 2007, it would be desirable to direct the court below to expedite and conclude the case as early as possible. Accordingly, the appeal stands disposed of directing the court below to expeditiously conclude the case. Praful (Rakesh Kumar, J.)