Supreme Court directs Patna High Court to conclude Muzaffarpur Club Association’s Second Appeal within six months, responding to Special Leave Petition by Usha Sinha’s family seeking modification of High Court’s order.
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NEW DELHI: Recently, The long-standing conflict between the families of Birendra Kumar Singh and Usha Sinha and the Muzaffarpur Club Association, the Supreme Court has directed the Patna High Court to promptly decide the Second Appeal of the Club Association within a period of six months.
The directive came in response to the Special Leave Petition (Civil) filed by the family of Usha Sinha, a former Union Minister, and her sons, Anunay Sinha and Anuneet Sinha. The family sought a modification of the Patna High Court’s order dated February 26, 2024.
The Patna High Court had previously granted a stay on the execution proceedings before the Court of the Sub Judge I (East), Muzaffarpur. Additionally, the court fixed a monthly compensation amount of Rs 1 lakh to be borne by the Muzaffarpur Club Association. Usha Sinha and her sons filed the Special Leave Petition, requesting an increase in the monthly security amount determined by the high court.
As per the petition, the order issued by the Patna High Court did not take into consideration the current market rates and overlooked the prime location and substantial size of the disputed property. The petition contended that the failure to determine the monthly security based on prevailing market rates contradicted established legal principles outlined in several Supreme Court judgments.
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The Supreme Court has consistently emphasized that-
“when granting a stay, the appellate court should recognize that it is depriving the successful landlord of the advantages of the decree and delaying the execution of the eviction order.”
The dispute concerning the land currently occupied by the Muzaffarpur Club dates back to 1983 when Usha Sinha’s family initiated the title suit. After an arduous 32-year legal battle, the Sub Judge 7th Muzaffarpur ruled in favor of the family on September 3, 2015.
Subsequently, the Muzaffarpur Club Association filed an appeal with the Additional District Judge in Muzaffarpur. However, the appeal was dismissed by the Additional District Judge on March 6, 2021, citing a lack of merit.
Undeterred, the club association then filed a second appeal with the Patna High Court. Simultaneously, they filed an interlocutory application seeking a stay on the execution proceedings before the Sub-Judge in Muzaffarpur. The Patna High Court granted the stay and also determined the monthly security to be borne by the Club Association throughout the pendency of the Second Appeal.
During the recent hearing, the Supreme Court declined to interfere with the interim order issued by the Patna High Court regarding the quantum of monthly security. However, considering the elderly age of Usha Sinha and at the request of the family’s counsel, the apex court directed the Patna High Court to make efforts to resolve the Second Appeal within a period of six months.
The representation for the family was provided by Niranjan Reddy, a senior advocate, along with Abhimanyu Bhandari, Abhishek Singh, and Abhishek Chaudhary, who served as advocates.
The situation involving the families of Birendra Kumar Singh and Usha Sinha and the Muzaffarpur Club Association has reached a crucial stage following the Supreme Court’s directives to the Patna High Court. The court’s decision to expedite the Second Appeal highlights the importance of timely resolution in a case spanning over four decades.
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The assessment of monthly compensation and the market worth of the contested property. Usha Sinha’s family asserts that the ruling of the Patna High Court inadequately accounted for current market rates and neglected to acknowledge the prime location and extensive size of the property. They argue that setting the monthly security amount should align with established legal principles, consistent with previous Supreme Court rulings.
The Muzaffarpur Club Association, on the other hand, has been fighting to retain possession of the land currently occupied by the club. The association’s appeal before the Additional District Judge in Muzaffarpur was dismissed for lack of merit, leading them to file a second appeal with the Patna High Court. While the high court granted a stay on the execution proceedings, it also determined the monthly security amount to be borne by the Club Association during the pendency of the appeal.
The Supreme Court’s decision not to interfere with the interim order regarding the quantum of monthly security indicates a cautious approach to the matter. However, the court acknowledged the importance of resolving the Second Appeal within a reasonable timeframe and directed the Patna High Court to strive for a disposal of the case within six months.
The legal representatives for Usha Sinha’s family, including Niranjan Reddy, Abhimanyu Bhandari, Abhishek Singh, and Abhishek Chaudhary, have been diligently advocating for their clients’ interests.
Furthermore, all parties involved will eagerly await the Patna High Court’s decision on the Second Appeal. The court’s ruling will determine the final outcome of the dispute and potentially bring an end to the 41-year-long disputes.
