IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2267 of 2007 1. Jalaluddin @ Md Jalaluddin S/o late Iftekhar Hussain 2. Hasibunnisa @ Hasimunnisa W/o late Iftekhar Hussain 3. Alimunnisa D/o Yadgdar Hussain 4. Sirajuddin @ Sirajuddin Khan 5. Mirajuddin both sons of late Alauddin 6. Sitare Khatoon @ Sitara Jaha 7. Raushan Jahan 8.Musharaf Jahan D/o late Alauddin 9. Alimunnisa W/o late Alauddin 10.Sheikh Shahabuddin 1. Sheikh Kamaludidn 12. Ajmeri Khaon @ Ishrat Jahan D/o late Alauddin All resident of Mohalla Salawatganj Town Chapra P.S. Bhagwan Bazar Dist. Saran Plaintiffs- Petitioners Versus 1. Chapra Municipality, Chapra, through the Chair Person Defendant-Opposite Ist Party 2. Md Badik 3. Md Karim 4. Aas Mohd. @ Gora sons of late Mosafsir Mian 5. Bibi Kitaban W/o Late Mosafir Mian All resident of Mohalla Salawatganj Town Chapra P.S. Bhagwan Bazar Dist. Saran 6. Ali Aajam @ Pathari son of late Muslim Mian resident of Mohalla Nai Bazar Town Chapra P.S. Chapra Town Dist. Saran Defendants- Opposite 2nd Parties ----------- For the petitioners: Mr Nagendra Rai, Advocate --------- 03 08.09.2009 This civil revision has been heard at this stage at the instance of learned counsel for the petitioners. 2. This civil revision has been filed by plaintiffs-petitioners challenging order dated 21.08.2007 by which learned Munsif II, Chapra rejected their application for deleting the name of the defendants- Chapra Municipality and Brajendra Bahadur (since dead) from the record of Title Suit no. 84 of 1967. 3. The aforesaid suit was filed by the plaintiffs/ their ancestors for declaration of their title, recovery of possession of the - 2 - suit land and removal of encroachment made by defendants- opposite parties and their ancestors and the aforesaid defendants were impleaded merely as a precaution. The said suit was contested by the defendants, whereafter issues were framed and evidence were led. After completion and closure of evidence the suit was pending for final argument. 4. It was only thereafter that an application was filed by the petitioners for deletion of the defendants- Chapra Municipality and Brajendra Bahadur which was dismissed by the learned court below vide its order dated 21.08.2007 which is under challenge in the instant civil revision. 5. It is quite apparent that the suit remained pending since 1967 for about 40 years during which period the said defendants continued to be parties and only when the suit was to be taken up for final argument such an application was filed by the plaintiffs which prima facie appears merely to further delay the proceeding of the suit. 6. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned order of the learned court below, nor there is any error of jurisdiction therein. Accordingly, this civil revision is dismissed with a direction to the learned court below to expedite the disposal of the title suit preferably within a period of six months from the date of receipt/production of a copy of this order. shahid (S.N.Hussain, J)