SUNITA KUMARI WIFE OF BRAJESH KR. GUPTA AND D/O LATE BADRINATH PRASAD Vs. SANTOSH PRAKASH SON OF LATE BADRINATH PRASAD AT PRESENT ADDRESS BANK OF BARODA BRANCH GULZARBAGH POLICE STATION GULZARBAGH, DISTRICT PATNA

JUDGEMENT

(1.) HEARD Mr. Rajendra Kishore Prasad, learned counsel appearing for the appellant, Mr. Anish Chandra Sinha, learned counsel appearing for the respondent nos. 1 & 2, Mr. Ram Krishna Singh Rana, learned counsel appearing for the respondent no.4 & Mr. Santosh Kumar Pandey, learned Junior Counsel to Mr. Arun Kumar Pandey, learned counsel, appearing for the respondent no.3.

(2.) THE appeal is directed against the order dated 27th May, 2008 in Title Suit No. 434 of 2006 pending in the Court of 2nd Subordinate Judge, Bhojpur at Ara, whereby application filed on behalf of the plaintiff under Order 39 Rule 1 & 2 read of section 151 of the Code of Civil Procedure for grant of injunction restraining the defendants first set not to sell their land and build any construction till the matter is decided stands rejected.

(3.) LET the lower Court's record be sent down without delay. The appeal is accordingly disposed of with the above observations/directions.