IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9570 of 2011 Jatashankar Pandey @ Sri Jatas Versus Sahitya Bhushan Pandey &Ors ----------- 24. 08.07.2011. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. This writ application has been filed against the order dated 04.06.2007 passed by Sub Judge Ist, Bettiah in Title Suit No.148 of 1995 whereby the learned court below allowed the plaintiff-respondent to sell 1/8th share. The learned counsel for the petitioner submitted that unless the suit is decided, the learned court below could not have allowed the plaintiff-respondent to sell 1/8th share. Pursuant to the said permission, in fact the plaintiff- respondent has already sold lands which was in his possession. The learned counsel for the petitioner admitted this fact. It appears that the respondent filed application for permission to sell 1/8th share and the ground that he is in urgent need of money for marriage of his daughter and agreed that the sold property may be adjusted in his share. The learned Court below in exercise of his discretion allowed the prayer. In view of above fact, it cannot be said that the Court below acted beyond his jurisdiction. I find no reason to interfere with the impugned order in writ jurisdiction, particularly when it has fully taken its effect. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J.) 2