IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.197 of 2008 Md Irshad Hossain son of late Noor Hasan resident of Mohalla Champangar PS Nathnagar PO Champanagar Dist. Bhagalpur Plaintiff-Petitioner Versus 1. Md Ehsanullah @ Ehsanul Haque S/o Late Noor Hassan resident of Mohalla Champangar PS Nathnagar PO Champanagar Dist. Bhagalpur Defendant Ist set- Opposite Party Ist set 2. Md Mukhtar Ansari 3. Md Anzar Ansari 4. Md Mojahid Ansari 5. Md Gulzar Ansari All sons of Haji Jarar Ansari resident of Mohalla Champangar PS Nathnagar Dist. Bhagalpur Defendant 2nd set -Opposite party II set ----------- For the petitioner: Mr Raghib Ahsan, Senior Advocate -------------- 03/ 09.12.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the plaintiff- respondent-petitioner challenging order dated 28.11.2007 by which learned Additional District Judge VII, Bhagalpur allowed Miscellaneous Appeal no. 08 of 2005(03/2005) and set aside order dated 30.12.2004 by which learned Subordinate Judge I, Bhagalpur allowed the application for injunction and directed the parties to maintain status quo till disposal of Title Suit no. 119 of 2004 which was filed by the plaintiff-petitioner for pre-emption (Haq-e-shafa) under the provision of Mohammendan Law. 3. The law is well settled in this regard by the Hon’ble Apex Court in the case of Surya Dev Rai vs. Ram Chander Rai & others reported in (2003)6 Supreme Court Cases 675 that after amendment of 1999 in the Code of Civil Procedure, no revision shall lie against any order passed in Miscellaneous Appeal affirming, reversing or - 2 - modifying any order of the trial court in injunction matter and if the aggrieved person wants, he can take recourse to the forum of Articles 226 and 227 of the Constitution of India. In the said circumstances and in view of the aforesaid judgment of the Hon’ble Apex Court, this civil revision is dismissed. 4. However, since the matter is with respect to Haq-e Shafa, it requires urgent disposal specifically when in the instant case the pleadings have been completed as far back as in the year 2005 itself and issues have also been framed, this civil revision is disposed of with a direction to the learned trial court to expedite the hearing of the suit so that it may be decided expeditiously preferably within one year from today. shahid (S.N.Hussain, J)