MANAGING DIRECTOR Vs. JITENDRA MOHAN SAHAY

JUDGEMENT

(1.) The present application has been filed for modification in the order, dtd. 6/2/2019, passed in M. A. No. 145 of 2018, by a co-ordinate Bench of this Court, to the extent that the petitioner (appellant in M. A. No. 145 of 2018 and defendant in Title Suit No. 182 of 2017) be permitted to execute sale deed(s) with permission of the Court and further the Court below be directed to dispose the Title Suit No. 182 of 2017 within a period of one year from today without granting any adjournment on day-to-day basis and further in view of the fact that I. A. No. 7682 of 2018, filed in M. A. No. 145 of 2018, has been allowed, the legal heirs of respondent no. 2 in the M. A. No. 145 of 2018 be incorporated and the name of respondent no. 13 be struck off in the cause title of the order, dtd. 6/2/2019, as the legal heirs of respondent no. 13 are already on record as respondent nos. 14 and 15.

(2.) The petitioner is a company, registered under the Companies Act, had filed M. A. No. 145 of 2018, under Order 43 Rule 1 (r) of the Civil Procedure Code, challenging the order, dtd. 9/1/2018, passed by the learned Sub Judge-1, Nalanda, at Biharsharif, in Title Suit No. 182 of 2017, by which the petitioner was restrained by an order of temporary injunction to make any construction over the suit land or to transfer the suit land or change the nature of the suit land.

(3.) The respondents, in M. A. No. 145 of 2018 (plaintiffs in Title Suit No. 182 of 2017) have filed Title Suit No. 182 of 2017, inter alia, on the fact that the suit land was their ancestral property and some fictitious person has transferred the said suit land in favour of the petitioner. The petitioner is going to make construction over the suit land. The relief prayed for in the suit by the respondents of M. A. No. 145 of 2018 was for declaration of the title of the suit land in favour of the respondents and also for a decree of recovery of possession. The respondents have also prayed for temporary injunction in the suit.