Pramod Kumar Singh And ORS v. Pravin Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.657 of 2017 ===========================================================

1. Pramod Kumar Singh, Son of Late Awadh Nandan Singh.

2. Pratap Vikram Singh,

3. Pranav Kumar Singh, Both sons of Pramod Kumar Singh and represented through their natural guardian i.e. their father- Plaintiff no.1.

4. Padmini Sharma, Wife of Samrat Sharma and daughter of Pramod Kumar Singh, represented through her natural guaridan i.e. her father -Plaintiff No. 1, All residents of 'Kailash', Bahadurpur Bazar Samiti Road, Police stationBahadurpur, Town and District- Patna, whereas Plaintiff No. 2 to 4 presently residing at N25, Uff, Malviya Nagar, Police Station- Malviya Nagar, New Delhi- 110017.

.... .... Appellants.

Versus

1. Pravin Kumar Singh,

2. Arvind Kumar Singh, Both sons of late Awadh Nandan Singh, resident of 'KAILASH' Bahadurpur, Bazar Samiti Road, Police Station- - Bahadurpur, Town and District- Patna B/23, Sector- 2, Noida, District- Ghaziabad (U.P.).

3. Amar Singh, Son of Arvind Kumar Singh, resident of B/23 Sector-2, Noida, District- Ghaziabad (U.P.) represented through his natural Guardian i.e. his FatherDefendant No. 2. .... .... Respondents. =========================================================== Appearance :

For the Appellants : Mr. Shrawan Kumar Sinha, Sr. Adv. Mr. Dinesh Maharaj, Adv.

For the Respondents : Mr. Siddhartha Prasad, Adv. Mr. Sunil Kumar, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the appellants and learned counsel for the respondents on this miscellaneous appeal. The plaintiffs-appellants have filed this appeal against the order dated 20.05.2017 passed by the Sub Judge-VI, Patna in Title Suit No.713 of 2013, whereby the learned lower Court rejected the injunction petition of the plaintiffs-appellants filed with the prayer not

Patna High Court MA No.657 of 2017 dt.08-05-2018 2/ 2 to damage the property and raise any construction on the property in question during pendency of the suit.

From perusal of the record, it appears that vide order dated 15.11.2017, this Court has directed to maintain status quo regarding the property in question till disposal of the appeal. Learned counsel for the respondents frankly submitted that the respondents are not going to cause any damage to the property in question or raise any construction over it during the pendency of the suit.

In the facts and circumstances of the case and on the submission made by learned counsel for the respondents, this appeal is accordingly disposed of with a direction to the learned lower Court to dispose of the suit as early as possible preferably within a period of four months from the date of receipt or production of copy of this order and both the parties are expected to cooperate in early disposal of the case.

(Prakash Chandra Jaiswal, J.) Trivedi/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.05.2018 Transmission Date 09.05.2018