DEVANAND SINGH Vs. SARBANAND SINHA

JUDGEMENT

(1.) HEARD Mr. Mukteshwar Singh for the appellants, and Mr. Kamal Nayan Choubey for the respondents. The Shambhu Singh Versus State Of Bihar respondents have filed the present application for vacating the order dated 10.1.94 passed on this appeal, whereby the signing and sealing of the final decree under preparation has been stayed till the final hearing of this appeal. While pressing this application, learned counsel for the respondents submits that the said order was passed in the absence of the respondents who had till then not been noticed, nor had they entered appearance. He further submits that the present appeal is against the preliminary decree, and stay of sealing and signing of the final decree prevents a possible appeal which can be filed by the aggrieved party after the same is sealed and signed. He submits that after the final decree is prepared, sealed and signed the aggrieved party can prefer an appeal which can be heard with the present appeal and the parties will have the liberty to pray for appropriate interim orders when the both appeals are pending in this Court. He relies on the order dated 9.8.2000, passed by a Division Bench of this Court on LPA No. 922 of 1999 (Prabhu Narayan Pandey & Another V/s. Kalawati Devi & Ors.).

(2.) LEARNED counsel for the appellants has opposed this application, and submits that the respondents are engaged in the nefarious act of alienating portions of the suit property.

(3.) IN so far as the contention advanced on behalf of the appellant is concerned that the respondents have or are alienating portions of the suit property absolutely, which will only create complications at the time of disposal of the appeal and adjustment of shares of the parties, it is open to the appellants to make prayer for interim orders to that effect.