BADRI PRASAD CHOUDHARY, S/O LATE DWARIKA PRASAD CHOUDHARY Vs. SHOVENDRA KUMAR YADAV @ SHOVENDRA PRASAD YADAV, S/O LATE CHANDAN PRASAD YADAV

JUDGEMENT

(1.) THE order under challenge is dated 18.12.2006, passed by Sub -Judge -II, Jhanjharpur in Title Suit No. 40 of 2004, whereby the learned court below has dismissed the petition filed under Order 39. Rules 1 and 2 read with Section 151 of the CPC, of the plaintiffs -appellants, praying therein to restrain the defendants from dispossessing him from Schedule 3 land of the plaint and also from making any further construction, repairing, subletting changing the present physical feature of the suit land and also from running cinema in the said campus till the disposal of the suit.

(2.) HEARD learned counsel for the appellants and leamed counsel for the respondents. A detail order running into 18 pages could be said to have been passed by the court below on consideration of several factors and documents which is also large number of documents.

(3.) PLEA of benami transaction and thereby ownership in respect of sale of properties which are also subject matter of dispute by the defendant llnd set in favour of defendant 1st set has also been discussed. But for the present without examining such aspect and merit of the case which may ultimately prejudice the court below in deciding the case it would be relevant to mention that the learned counsel for the respondents has submitted that so far Schedule 4 properties is concerned it has been admitted by the learned counsel for the respondents that it is for the present in possession of defendant 1st set so it shall remain in possession and nobody will disturb their possession.