Shiva Lakhan Mahto v. Shiv Bachan Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.305 of 2011 ======================================================

1. Sona Devi, Wife of Late Shiv Lakhan Mahto.

2. Rajnish Kumar, Son of Late Shiv Lakhan Mahto. 3.Manish Kumar Son of Late Shiva Lakhan Mahto all are Resident of villageMalia Mahadev, Maharajganj, P.O.-Gulzarbagh, P.S. Alamganj, Distt,. Patna ... ... Appellant/s

Versus

1. Shiv Bachan Mahto Son of late Devilal Mahto@ Devi Mahto

2. Kundan Kumar

3. Chandan Kumar Respondent nos. 2 and 3 are Sons of Shiv Bachan Mahto All Residents of Mohalla- Mallia Mahadev, P.O. Gulzarbagh, P.S Alamganj, District- Patna.

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

For the Appellant/s :

Mr.Om Prakash, Adv For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 30-01-2019 Heard learned counsel for the parties.

2. By the impugned order, the learned Trial Court has refused the prayer for ad interim injunction made on behalf of the plaintiff-appellant in T.S.No.37 of 2000. The dispute is between two cosharers, one is claiming partition of the family property, whereas another is denying the partition and has alleged that a forged document of partition has been created. Learned court below did not find a prima facie case or a case of irreparable loss in favour of the plaintiff-appellant.

3. Submission of both the parties is that the parties are going to compromise the suit. Hence, they do not want to proceed with this appeal.

Patna High Court MA No.305 of 2011 dt.30-01-2019 2/2

4. Accordingly, this appeal stands disposed of as not pressed.

5. I.A.No.6374 of 2016 for grant of ad interim injunction by this court also stands disposed of accordingly. (Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.01.2019 Transmission Date NA