RAMDEYAL MAHATO Vs. RAM SWARUP MAHATO @ RAM SWARUP

JUDGEMENT

(1.) THE order under challenge is dated 15.1.2008, whereby and whereunder, the learned Additional District Judge, F.T.C. -III, Patna in Title Appeal No. 118 of 2007 has rejected the prayer of the appellant in respect of an application filed under Order 39 Rules 1 and 2 and under Section 151 of C.P.C., praying therein to restrain the respondent from selling, encumbering, transferring, alienating or changing the physical feature of the suit property. A rejoinder has also been filed on behalf of the respondents.

(2.) THE appellant here filed I.A. No. 2427 of 2008 wherein prayer has been made to maintain status quo on the ground that opposite parties have tried their best to dispossess the appellant from the suit property and intending to sell the suit property which is in possession of the appellants including residential house of the appellants. Learned counsel of both sides have been heard.

(3.) LEARNED counsel for the appellant has submitted that appellant Ramdeyal Mahto being brother of the respondent Ram Swarup Mahto had earlier filed a Title Suit for partition which was dismissed, against which this appeal was preferred and during the pendency of the appeal such prayer for injunction was made which was rejected by the learned First Appellate Court. Against that order of injunction the appellant preferred this Misc. Appeal and thereby filed Interlocutory Application.