IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.179 of 2008 BIRENDRA KUMAR VERMA Versus OM PRAKASH VERMA & ANR ----------- 3 3.12.2008 Heard Counsel for the petitioner. In the opinion of this Court, it is well settled proposition of law that a party to a partition suit, being a co-sharer of the suit property, will have a right to alienate the same even during pendency of the partition suit or its resultant preliminary decree proceeding/final decree proceeding. The same is also not being questioned by the Counsel for the petitioner, who has only grievance that when two applications were filed seeking leave for sale of the suit land by the defendants- opposite parties, the Court below ought to have first disposed of the earlier application instead of according permission on the latter application. While this may be a grievance of the petitioner to settle his own scores, there is no requirement in law that an earlier interlocutory application filed before the Court below have to be disposed of first. That being so, at least there is nothing before this Court to hold that there is any apparent error on the face of record in the order of this Court dated 17.7.2008 passed in C.R. No. 1214 of 2006 so as to review the 2 same. This application is thus wholly misconceived and accordingly, the same is dismissed. Rsh (Mihir Kumar Jha, J.)