IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.418 of 2007 1. Santosh Sharma 2. Ram Chandra Sharma 3. Shatrughan Sharma, all sons of Late Sheohar Lal Sharma, residents of Mohalla- Amgola, Kalyani, Naka no.3, Maliganj Gali, P.O. Ramna, Police Station-Kazi Mohammadpur, District-Muzaffarpur 4. Smt. Sumitra Devi Wife of Mishrilal Sharma, resident of Village & P.O. Birpur, Police Station-Basopatti, District-Madhubani 5. Smt. Amerika Devi wife of Mukti Sharma, resident of Mohalla- Laheria Pokhra, P.O., P.S. and Dist-Madhubani 6. Smt. Beena Devi wife of Kamal Sharma, resident of Mohalla- Lakshmi Sagar, P.O. Lalbagh, District-Darbhanga 7. Smt. Nirmala Devi Wife of Asharfi Sharma, resident of Sakri Narain, P.O. Sakri , District-Madhubani 8. Smt. Babuni Devi, wife of Murli Sharma, resident of Village- and P.O. and P.S. Dharampur, District-Madhubani ------ Plaintiffs - --- Appellants Versus 1. Sonelal Sharma 2. Manulal Sharma @ Munna Sharma, both are sons of Late Heeralal Thakur 3. Smt. Urmila Devi wife of Kapildeo Vishwakarma 4. Sabita Kumari Sharma, wife of Pradeep Kumar 5. Kabita Lal wife of Late Mithilesh Kumar, All are residents of Mohalla- Amgola, Pankhatoli, Ward No.29, P.O. Ramna, P.S. Kazi Mohammadpur, District- Muzaffarpur -------Defendants 1st party-Respondent 1st party 6. Ram Babu Prasad Gupta, Son of Sri Achchelal Sah 7. Smt. Bindeshwari Devi Wife of Sri Achchelal Sah 8. Sri Ramdhani Prasad Gupta, Won of Mahavir Sah 9. Lalan Pd. Rai, Son of Chhathu Narain Rai, 6 to 9 are resident of village-Bakri Saraiya, P.S. Kudhani, District-Muzaffarpur 10. Smt. Pratima Devi @ Pramila Devi wife of Sri Narain Sah, resident of Mohalla- Nayatola, P.O. Muzaffarpur, P.S. Kazi Mohammadpur, District-Muzaffarpur ----- Defendant 2nd Parties-Respondent 2nd parties ---------------------------------- 15 11-08-2011 Heard Sri Manindra Kishore Singh, learned counsel for the plaintiffs-appellants , Sri Sunil Srivastava, learned counsel appearing on behalf of Respondent nos. 1 to 5 ( Respondent-1st Set) 2 and Sri J.P.Verma, learned counsel appearing on behalf of Respondent nos.6 to 8 ( Respondent 2nd Set). The present appeal under Order XLIII, Rule 1 (r ) of the Code of Civil Procedure was preferred in the year 2007 against the order dated 24.8.2007 passed by learned Sub Judge IV, Muzaffarpur in Partition Suit No.8 of 2007. By the said order, the learned court below has rejected the petition filed by the plaintiffs- appellants under Order 39, Rules 1 and 2 of the Code of Civil Procedure. The Court is of the opinion that at this belated stage, it would not be advisable to interfere with the impugned order. However, keeping in view the fact that the partition suit was filed in the year 2007, it would be appropriate to direct the court below to expedite the suit and conclude the same without unnecessary delay. With above observation and direction, the appeal stands disposed of. NKS/- ( Rakesh Kumar, J.)