Sitaram Karn, v. Kumar Amritanshu,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.179 of 2020 ====================================================== Purnendu Kumar Karn, Son of Sri Sitaram Karn, Resident of Village-Chafa Praganna-Lakhanpur, P.S.-Tarapur now Asarganj, District-Munger, at present Resident of muhalla-Jogsar, Khilat Chandra Ghosh Lane, P.S.-Jogsar (Kotwali), District-Bhagalpur.
... ... Petitioner/s
Versus
1.
Kumar Amritanshu, Son of Late Jawahar Prasad Karn, Resident of VillageChafa Praganna-Lakhanpur, P.S.-Tarapur now Asarganj, District-Munger, at present residing at H-305, Gopalan, Grandeur Hoodi Circle, Bangalore, P.S. -Mahadevapura, District-Bangalore, State-Karnataka. 2.
Ajit Kumar Karn Son of Late Sitaram Karn Resident of Mohalla- Jogsar, Khilat Chandra Ghosh Lane, P.S.- Jogsar (Kotwali) District- Bhagalpur. 3.
Manju Mallick Daughter of Late Sitaram Karn Resident of Mohalla- Jogsar, Khilat Chandra Ghosh Lane, P.S.- Jogsar (Kotwali) District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganpati Trivedi, Sr. Advocate Mr. Diwakar Upadhyaya, Advocate For the Respondent/s :
Mr. Jitendra Kishore Verma, Advocate Mr. Siddhartha Prasad, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2022 Heard Mr. Ganpati Trivedi, learned senior counsel for the petitioner and Mr. Jitendra Kishore Verma, learned counsel for the respondents.
The petitioner has filed the present application aggrieved by the order dated 20.09.2019 passed in Misc. Appeal No. 22 of 2018 by the learned Additional District Judge-I, Munger, whereby the the prayer of the petitioner for grant of ad-interim injunction relating to suit property has been rejected and the order passed by learned Sub Judge-I, in Injunction Suit No. 01 of 2018 has been
Patna High Court C.Misc. No.179 of 2020(9) dt.14-11-2022 2/3 affirmed.
Learned senior counsel for the petitioner submits that the petitioner is purchaser of the suit land from its rightful owner in the year between 1976 to 1979 by several sale deeds. The petitioner filed the suit for permanent injunction with regard to his purchased land in which he filed a petition for ad-interim injunction which was rejected by the learned Sub Judge-I as well as learned lower appellant court.
Taking into consideration the submissions made by the learned counsel appearing for the parties and the fact that both the parties have agreed for grant of status-quo, accordingly, I direct that till disposal of the suit, both the parties shall maintain status-quo as on 9.2.2021 i.e. the date of status-quo order granted by this Court and further that respondents shall not alienate the suit property in any manner.
The learned Trial Court is directed to dispose the suit on its merit within a period of nine months from the date of receipt/production of a copy of this order. It is made clear that unnecessary adjournments
Patna High Court C.Misc. No.179 of 2020(9) dt.14-11-2022 3/3 shall not be granted to either of the parties. Accordingly, this application stand disposed of. It goes without saying that the plaintiffs will cooperate the Trial Court in disposal of the suit in accordance with law.
(Anil Kumar Sinha, J) S.Ali/- U T