Md.Zaffiruddin @ Zaffer Imam v. Masuda Khatoon And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.542 of 2004 =========================================================== Md.Zaffiruddin @ Zaffer Imam, son of Asdar Mallick, resident of MohallaPalmar Ganj Town, Lohardaga, P.S. and District- Lohardaga. .......... defendant...........appellant

Versus

1. Masuda Khatoon, wife of Asdar Mallicik, resident of Mohalla -Palmar Ganj Town, Lohardaga, P.S. and District- Lohardaga.

2. Aquila Khatoon, wife of Md. Ibrar Ahmad, resident of Mohall Shakh Alam Chak Town- Jehanabad, P.S.-and District- Jehanabad. both at present residing in village- Sugawn Tola Bagwar, P.S.- Makhdumpur, District-Jehanabad.

plaintiffs.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. MRIGENDRA KUMAR For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 09-03-2015 Heard learned counsel for the appellant.

2. Perused report of the Court below indicating in the original suit that arguments are going on.

3. Since this Appeal has been preferred against order dated 09.09.2004 passed under Order 40 Rule 1 CPC in Partition Suit NO. 111 of 2001 by the 1st Sub-Judge, Jehanabad directing the parties to maintain status quo till disposal of the suit about 11 years have already lapsed and as stated main suit has arrived almost at its conclusion stage.

4. In that view of the matter, there appears no reason to keep this Appeal pending. Accordingly, disposed of without any adjudication on merit and including getting any right of the party concerned with a direction to the court below to conclude the trial and disposed it of definitely well within three months. (Akhilesh Chandra, J) Ashwini/- U