SIDHNATH PRASAD Vs. SANJAY KUMAR

JUDGEMENT

(1.) APPELLANT Sidhnath Prasad has filed this Misc. Appeal for setting aside the order dated 18.5.2005 passed by the learned Sub -Judge -IX, Patna, in TPS No.49/2005 (Sanjay Kumar & Ors. vs. Sidhnath Prasad) whereby and whereunder he has allowed the application filed by the plaintiffs -respondents first set, under Order 39 rules 1 and 2 and Section 151 of the CPC for restraining the present appellant i.e. Sidhnath Prasad and defendants -respondents second set from alienating, selling or encumbering the suit house in any way during the pendency of the suit.

(2.) HEARD learned counsel for the appellant and the respondents. The appellant happens to be the father of Respondent No.1 Sanjay Kumar. The other set of respondents also happen to be wife and other sons of the sole appellant Sidhnath Prasad. All the parties are said to be residing in the same house.

(3.) LEARNED counsel for the appellant has submitted that the house in question was constructed by him through his self - acquired earning, who was employed in Bihar School Examination Board and there was no investment by the plaintiff -respondent first set.