IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.699 of 2008 ARBIND KUMAR SINHA Versus SMT.SADHANA SINHA & ANR ----------- 2 22/9/2008 Heard counsel for the petitioner. In the opinion of this Court the petitioner has been quite successful in delaying the proceedings before the court below which has been infact noticed in paragraph nos. 6 and 7 of the impugned order where the court below had gone to examine the whole issue at great length. Argument of counsel for the petitioner that there was direction of the Supreme Court to dispose of title suit filed by the petitioner, seeking declaration as with regard to the opposite party being not his wife and the marriage being void, should be decided first and the proceeding under section 127 of the Cr.P.C. levied by the wife for enhancement of her maintenance amount should not be heard till disposal of the suit, must be rejected. This is so because earlier prayer of the counsel to the same effect in respect of earlier 125 proceeding made by the petitioner was rejected by this Court in Civil Revision No. 2066 of 1998 and that order has become 2 final between the parties. Thus on the same issue this Court cannot take a different view in the same matter. Further impression sought to be created by counsel for the petitioner that there is order of the Supreme Court dated 3.4.2004 requiring disposal of Title Suit No. 18 of 1998 within a period of one year, has to be understood in the context of conduct of the petitioner. The court below has noted that as many as 36 adjournments were taken by the petitioner in the said title suit and therefore he cannot be heard to shift blame either on the opposite party or on the court below for non disposal of Title Suit No. 18 of 1998. That being so, this Court would not find any reason to interfere with the impugned order, which must be and is hereby affirmed with a direction to the court below to proceed and decide 127 proceeding levied by the wife within a period of three months from the date of receipt/production of a copy of this order. ( Mihir Kumar Jha, J.) Abhay Kumar