ORDER (ORAL)

I.A. No.7169 of 2014

This application has been filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’) on behalf of the appellants praying therein to restrain the respondents from alienating/encumbering the suit land in any manner and to restrain them from forcefully dispossessing the appellants from the disputed land till final disposal of the first appeal.

2. Mr. Ranjan Kumar Dubey, learned counsel for the appellants submits that the present appeal arises out of the judgment and decree dated 28.04.2014 passed in Title Suit No.72 of 2010. The learned Sub-Judge-IV, Bettiah at West Champaran has decreed the suit in terms of the decree passed in Title Suit No.159 of 1949. Learned counsel submits that the judgment and decree under appeal has been passed in terms of Order XII Rule 6 CPC. In this connection, he has drawn the attention of this Court towards the order dated 28.04.2014 passed by learned Sub-Judge-IVth. It is submitted that on the said date, the defendant no.1 to 5 filed an application praying for adjournment on the ground that against the order dated 27.06.2014 passed by learned Sub-Judge, they had gone in CWJC