Advocates:
['Md Nurul Hoda', '', 'Satish Chandra Mishra', 'Abbas Haider', '', 'Ishrat Bano']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.125 of 2021

======================================================

1.

Md. Shamim Ahmad, Son of Late Md. Aziz, Resident of Mohalla and P.S.-

Ishakchak, District-Bhagalpur

2.

Md. Jamal Son of Late Maan Ali, Resident of Mohalla Bari Khanjarpur,

P.S.-Barari, District-Bhagalpur

3.

Md. Naseer Hussain @ Md. Nasir Hussain Son of Late Maan Ali, Resident

of Mohalla Bari Khanjarpur, P.S.-Barari, District-Bhagalpur

4.

Bibi Laila Khatoon D/o Late Maan Ali, Wife of Late Md. Israil, Resident of

Mohalla Bari Khanjarpur, P.S.-Barari, District-Bhagalpur

5.

Md. Manjar @ Md. Manjoor @ Shamsul, Son of Late Bibi Amna Khatoon

Resident of Mohalla-Ishakchak, P.S.-Ishakchak, District-Bhagalpur.

6.

Bibi Anwari Khatoon, Wife of Md. Temna Resident of Mohalla-Ishakchak,

P.S.-Ishakchak, District-Bhagalpur.

7.

Bibi Akhtari Khatoon, Wife of Md. Asgar Resident of Mohalla-Ishakchak,

P.S.-Ishakchak, District-Bhagalpur.

... ... Petitioner/s

Versus

Md. Firoz Son of Late Md. Quasim, Resident of Mohalla-Moulanachak, P.O.-

Tatarpur, P.S.-Kotwali, District-Bhagalpur.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Md. Nurul Hoda

For the Respondent/s

:

Mr.Abbas Haider

======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

5

23-02-2022

Learned counsel for the petitioners is directed to

remove all the defects pointed out by the Stamp Reporter within

one month.

The present civil miscellaneous petition has been

filed against the order dated 03.07.2020, whereby the Misc.

Appeal No. 19 of 2019 was dismissed affirming the dismissal

order of the lower court of injunction petition of the petitioners.

Patna High Court C.Misc. No.125 of 2021(5) dt.23-02-2022

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The learned counsel for the petitioners has submitted

that their petition for injunction under Order 39 Rules 1 & 2

was rejected by the court below and concurrently the appellate

court in Misc. Appeal No. 19 of 2019 has also dismissed their

appeal. He has submitted that the petitioners had lodged Title

Suit No. 98 of 1996 against the respondent for specific

performance of contract. He has also submitted that the

respondent has transferred the suit land to the third party. He

has next submitted that for the ends of justice, the alienation of

the property must be injuncted.

The learned counsel for the respondent has submitted

that the title suit instituted by the petitioners are running since

1996. The issue was settled on 19.11.1998 and the evidence of

the plaintiffs has been concluded.

It is an admitted fact that part of the suit land has

already been alienated.

I do not see any reason to interfere with the impugned

order. Accordingly, this civil miscellaneous petition is

dismissed. The court below is directed to expedite the trial and

dispose it of, as early as possible.

Office shall ensure that all the defects are removed

by the petitioner within the stipulated time provided in para 1

Patna High Court C.Misc. No.125 of 2021(5) dt.23-02-2022

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hereinabove, failing which the matter shall be brought to the

notice of this Court.

HR/-

(Nawneet Kumar Pandey, J)

U