Shri Narmdeshwar Prasad Singh v. Shri Awadhesh Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.96 of 2015 ====================================================== Shri Narmdeshwar Prasad Singh S/O Late kapildeo Prasad Singh resident of village- Chochahi, P.O.- Chochahi, P.S.- Paroo, District- Muzaffarpur. ... ... Appellant/s

Versus

1. Shri Awadhesh Kumar and Ors S/O Pradyumna Kumar 2. Shri Suresh Kumar S/O Pradyumna Kumar 3. Shri Namesh Kumar S/O Pradyumna Kumar all resident of villageDargahpur Sabil, P.O.- Nawada, P.S.- Bachhawara, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ranjan Kumar Dubey, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-06-2022 The instant appeal has been filed under Order 43 Rule 1(r) of the Code of Civil Procedure challenging the order dated 29.1.2015 passed in T.S no. 127 of 2012 by the learned SubJudge II, Muzaffarpur whereby the prayer of the plaintiffappellant under Order XXXIX Rule 1 and 2 read with section 151 of the Code of Civil Procedure was rejected. In brief it is submitted by learned counsel for the plaintiff-appellant that an injunction petition was filed in the learned trial Court stating therein about the serious apprehension of the plaintiff that the defendants were going to dispose of the suit property by selling the same. The petition was rejected by the order impugned in the instant appeal, however subsequent thereto the suit property has in fact been sold to third party. It is fairly submitted that in view of the subsequent developments,

Patna High Court MA No.96 of 2015(2) dt.21-06-2022 2/2 nothing remains so far as the instant appeal is concerned. In view of the facts stated hereinabove, the instant appeal is disposed off as not pressed.

The instant suit being of the year 2012 (Title Suit no. 127 of 2012), the learned trial Court is directed to expedite the disposal of the title suit and endeavour to dispose of the same at the earliest preferably within a period of two years from the date of communication of this order.

(Partha Sarthy, J) Prakash/- U