Anant Homes Pvt. Ltd v. Manglam Homes India Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.648 of 2011 ====================================================== Anant Homes Pvt. Ltd., a duly incorporated company under .... .... Appellant/s

Versus

Manglam Homes (India) Pvt. Ltd .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar Verma, Adv. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 6.

22-02-2016 Heard learned counsel for the appellant.

Instant appeal has arisen on account of refusal by the learned lower Court of Sub Judge-I, Patna in title suit no. 373 of 2010, to accede with the prayer made on behalf of the appellant/plaintiff under Order O-XXXIX Rule 1 and 2 of Code of Civil Procedure.

The suit is of the year 2010. Instant petition happens to be of the year 2011 and during midst thereof, there happens to be no complaint at the end of the appellant/plaintiff with regard to any kind of change having brought up or attempted relating to the properties under lis.

It is needless to say that order of injunction is to be passed only to preserve the properties. However, being the suit of the year 2010, having appearance of all the parties and further, having the prayer made on mere apprehension at the hands of

Patna High Court MA No.648 of 2011 (6) dt.22-02-2016 2/2 respondent without being duly substantiated therefore, the learned lower Court is directed to take up the suit on priority basis and will conclude the same within six months without giving any undue advantage to any of the parties by way of an adjournment. In case the circumstances so necessitate, any party may move before the learned lower Court to preserve the property till conclusion of suit.

With the aforesaid observation, the instant petition is disposed of.

(Aditya Kumar Trivedi, J.) Vinita/- U T