New Delhi [India], April 17 (ANI): In the latest development in the 41-year-long legal saga between the families of Birendra Kumar Singh and Usha Sinha and the Muzaffarpur Club Association, the Supreme Court bench of Justice Bela Trivedi and Justice Pankaj Mithal directed the Patna High Court to decide the Second Appeal of the Club Association as expeditiously as possible and within six months.
The directive was issued in response to the Special Leave Petition (Civil) moved by the family of Usha Sinha, former Union Minister, and her sons, Anunay Sinha and Anuneet Sinha, for the modification of the Patna High Court order dated February 26, 2024.
The high court granted a stay on the execution proceedings pending before the Court of the Sub Judge-I (East), Muzaffarpur while fixing a monthly compensation amount of Rs 1 lakh to be borne by the Muzaffarpur Club Association (i.e the appellants before the Patna High Court).
Usha Sinha and her sons filed the SLP, seeking an increase in the monthly security amount fixed by the high court.
The petition contended that the Patna High Court order failed to reflect the prevailing market rates and neither did it adequately account for the landmark location and vast size of the property in question.
It further contended that this non-fixation of monthly security as per prevailing market rates was against settled law in a catena of judgements of the Supreme Court, wherein it has repeatedly been held that “while ordering stay, the appellate court has to be alive to the fact that it is depriving the successful landlord of the fruits of the decree and is postponing the execution of the order for eviction”.
Usha Sinha’s family initiated the title suit for the land currently occupied by the Muzaffarpur Club in 1983. After a long period of 32 years, the Sub-Judge 7th Muzaffarpur decreed the title suit in favour of the family on September 3, 2015.
Consequently, the club association filed an appeal before the Additional District Judge, Muzaffarpur.
The Additional District Judge dismissed the appeal filed by the club as being devoid of any merit on March 6, 2021.
Thereafter, the club association moved a second appeal before the Patna High Court while also filing an interlocutory application seeking a stay on the execution proceedings pending before the Sub-Judge, Muzaffarpur.
The Patna High Court granted a stay on the execution proceedings and fixed the monthly security to be borne by the Club Association (during the pendency of the Second Appeal) in the same order.
During the hearing, the Supreme Court refused to intervene with the interim order passed by the Patna High Court with respect to the quantum of monthly security. However, at the request of the counsel for the family and taking into account the old age of Usha Sinha, the apex court directed that the Patna High Court strive to dispose of the second Appeal within a period of six months.
The family was represented by Niranjan Reddy, senior advocate, and Abhimanyu Bhandari, Abhishek Singh, and Abhishek Chaudhary, advocates. (ANI)
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