IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.111 OF 2011 BISHUNDEO SHARMA VILLAGE MANGLA BAZAAR, TOLA AKHARI POLICE STATION BASNAHI, SAHARSAPAMA Versus 1. THE STATE OF BIHAR 2. BLOCK DEVELOPMENT OFFICER, SONEBARSA RAJ SAHARSA 3. PANCHAYAT SECRETARY RAGHUNATHPUR GRAM PANCHAYAT, BASNAHI, SAHARSA. ----------- 2 21.06.2011. The instant application has been filed for setting aside order dated 1.11.2010, passed by the District judge, Saharsa in Misc.appeal no.08 of 2010, whereby he confirmed the order dated 20.4.2010, passed by the Sub- judge IV, Saharsa in Title suit no. 34 of 2009 by which petitioner’s application filed under Order 39 Rule 1 & 2 of the C.P.C. has been rejected. The plaintiff-petitioner filed Title suit no. 34 of 2009 for declaration of title and for injunction and for other reliefs in respect for land pertaining to Khata no. 290 plot no. 801 area 8 decimals of Mauza pama. The petitioner submits that he has purchased the aforesaid land through the registered sale deed from Neti Sharma s/o Bahuran Sharma in the year 1977 and out of the said purchased land he sold 5 decimals to Chandan Shama and rest area 8 decimals to Chandan Sharma and rest 8 2 decimals is in his possession in which he does business of Furniture. He submits that his premises was damaged by the defendant for which he lodged Basnahi Police station case no. 2 of 2009. He submits that revisional survey khata was wrongly opened in the name of Servas Sadharan which was rectified in a suit filed by him under section 106 of the B.T.Act. The petitioner submits that as there was immediate danger to his property and life, he filed a suit for ad interim injunction which was dismissed by the court below vide order dated 20.4.2010. It appears form the order of the two courts that already status quo has been ordered on 3.3.2009 by Sub- judge 1, Saharsa to be maintained in respect of suit premises. In this view of the matter, this Court do not propose to interfere with the impugned order. Let the hearing of the case be expedited by the trial court. The petition stands disposed of. Shashi ( S.P. Singh, J.)