Md. Subhan v. Sri Narayan Bhandari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.911 of 2024 ====================================================== 1.

Md. Subhan Son of Late Pharman Nut @ Pharman Khalifa, Resident of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.- Jhanjharpur, P.O- Jhanjharpur, District- Madhubani. 2.

Md. Amir @ Bhulla Son of Late Pharman Nut @ Pharman Khalifa, Resident of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.- Jhanjharpur, P.O- Jhanjharpur, District- Madhubani. 3.

Md. Jamir @ Md. Jahir Son of Late Pharman Nut @ Parman Khalifa, Resident of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.- Jhanjharpur, P.O- Jhanjharpur, District- Madhubani. 4.

Md. Afjal Son of Late Md. Saied (Shaheed). Resident of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.- Jhanjharpur, P.OJhanjharpur, District- Madhubani. ... ... Appellant/s

Versus

1.

Sri Narayan Bhandari Son of Late Deo Narayan Bhandari, Resident of Village Bhandari Tola/Kutti Tol Ward No. 13, New Ward No.8, P.O.- Jhanjharpur, District- Madhubani.

2.

Badri Narayan Bhandari Son of Late Deo Narayan Bhandari, Resident of Village Bhandari Tola/Kutti Tol Ward No. 13, New Ward No.8, P.O.- Jhanjharpur, District- Madhubani.

3.

Madina Khatoon Wife of Late Pharman Nut @ Pharman Khalifa, Resident of Village- Eslampur, Ward No.12, Nagar Panchayatn Jhanjharpur, P.S.- Jhanjharpur, P.O- Jhanjharpur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mrs. Nutan Sahay, Advocate For the Respondent/s :

Mr. Prabhat Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-02-2026 Heard Mrs. Nutan Sahay, learned counsel for the appellants and Mr. Prabhat Ranjan representing the respondent nos. 1 and 2.

2. The present appeal has been preferred:

"against the impugned order dated

Patna High Court MA No.911 of 2024(7) dt.19-02-2026 2/3 15.04.2024 passed in Title Suit No. 227 of 2016 by learned Sub-Judge II, Jhanjharpur, Madhubani whereby and whereunder the petition of the plaintiffs dated 26.11.2022 filed u/o 39 Rule 1&2 read with Section 151 of C.P.C. has been allowed and directed to maintain the status quo with respect to the suit land till the disposal of the suit.

3. Learned counsel for the appellant submits that Title Suit No. 227 of 2016 [CIS No. 285 of 2016 (Sri Narayan Bhandari & Anr. vs. Md. Subhan & Ors.)] is pending before the competent Court at Jhanjharpur, Madhubani and both the parties have consented that they want the disposal of the said petition which is pending since the year 2016.

4. Since both the parties have appeared and they both want the disposal of the present appeal with further prayer that the Title Suit No. 227 of 2016 be taken to its logical conclusion, the MA. No. 911 of 2024 stands disposed of allowing the parties to appear before the competent Court at Jhanjharpur, Madhubani in next two weeks and the Court shall be taking up the matter and see to it that the Title Suit is disposed of at an earliest preferably within a period of one year.

5. The Miscellaneous Appeal is disposed of (allowing

Patna High Court MA No.911 of 2024(7) dt.19-02-2026 3/3 them to agitate all the points before the concerned Civil Court) without commenting on the merit of the case.

6. Pending I.A., if any, also stands disposed of. (Rajiv Roy, J) Adnan/- U