Sunil Dutta Mishra, J.—Heard the learned counsel for the parties.

2. This Civil Miscellaneous application has been filed against the order dated 16.04.2018 passed by the learned Additional District Judge VII, Madhubani in Misc. Appeal No. 46 of 2014 by which he has allowed the miscellaneous appeal filed on behalf of the respondent 1st set (respondent nos. 1 and 2/ defendant nos. 5 and 6) and set aside the order dated 06.05.2014 passed by learned Trial Court in the matter of injunction in Partition Suit No. 167 of 2012.

Brief facts:-

3. The petitioner who is sole respondent, filed Partition Suit No. 167 of 2012 in the Court of learned Sub-Judge 1st, Madhubani against the defendants for a decree of partition of the land mentioned in Schedule No. I of the plaint and if prior partition is not being proved, the lands mentioned in Schedule Nos. II, III, IV, V & VI be also partitioned among the parties. Subsequently the plaintiff/petitioner filed an injunction petition under Order 39 Rule 1 and 2 and Section 151 of the CPC in the said partition suit praying inter alia for restraining the defendants from alienating the land as detailed in Schedule I of the plaint which has not been partitione