IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.356 of 2008 1. Shams Parwaiz alias Abu 2. Nasu Parwaiz alias Nasir Parwaiz 3. Shahid Parwaiz 4. Suraiya Parween W/o Md.Zainul Abdin 5. Kausar Parween W/o Md.Arif 6. Fidaus Shikh All sons and daughters of late Sayeeda Khatoon D/o late Majib Khan W/o late Sk.Thiruddin 7. Shagufta D/o late Mojib Khan W/o Md.Quayamuddin 8. Niloofar Khanam alias Nilam alias Niloofar Khanam Ahmad D/o Md.Firoxe Ahmad 9. Mirza Razi Sultan Baig 10. Mirza Mazhar Sultan Baig 11. Mirza Qamar Sultan Baig 12. Mirza Manower Sultan Baig (Insha) 13. Mirza Azhar Sultan Baig 14. Naghma Sultana W/o Md.Aftab Alam Khan All sons and daughter of late Feroza Sultana Elder D/o late Mojib Khan W/o late Mirza Moizul Islam baig ---plaintiffs- Appellants Versus 1. Md.Shahbaz Alam Khan S/o late Mojib Khan 2. Most. Nilufar Nahid W/o late Shamshad Khan S/o late Mojib Khan 3. Shahzama Khan S/o late Mojib Khan (posted as Jailer, Sitamarhi Jail) 4. Nehal Khan S/o late Mojib Khan All residents of Mohalla Sarai, P.O. Bhagalpur city in the district and town of Bhagalpur --Defendants 1st set-Respondents 1st set 5. Smt.Usha Devi W/o Sri Subodh Prasad Singh, resident of village & Post Itahari, Thana Naya Ram Nagar, Dist. Munger (Bihar) 6. Smt.Mira Devi W/o Sri Ashok Prasad Dev, resident of village & Post Mahadevpur, Thana Amarpur, Dist. Banka (Bihar) 7.Smt.Kumari Priambada W/o Sri Pramod Kumar Singh, resident of village & Post Itahari, Thana Naya Ram Nagar, Dist. Munger (Bihar) 8.Smt.Babi Kumari W/o Sri Ram Balak Choudhary, resident of village & Post Itahari, Thana Naya Ram Nagar, Dist. Munger (Bihar) 9.Smt.Manju Devi W/o Sri Nitya Nand Singh, resident of village & Post Itahari, Thana Naya Ram Nagar, Dist. Munger (Bihar) 2 10.Smt.Hemlata Devi W/o Sri Shaket Roshan, resident of village Hem Rajpur, Post Kamdevpur, Thana Amarpur Dist. Banka (Bihar) 11.Smt.Sulochana Devi W/o Sri Jogendra Prasad Dev, resident of village & Post Mahadevpur, Thana Amarpur, Dist. Banka (Bihar) 12.Smt.Sarita Devi W/o Sri Brijendra Kant, resident of village Karahiya, Post Akbarnagar, Thana Akbarnagar (Sultanganj), Dist. Bhagalpur (Bihar) 13.Smt.Anuradha Devi W/o Sri Ramanand Singh, resident of village Sahpur, Post Haridaspur, Thana Nathnagar, Dist. Bhagalpur (Bihar) 14.Smt.Neelam Devi W/o Sri Ram Chandra Dev, resident of village & Post Mahadevpur, Thana Amarpur, Dist. Banka (Bihar) 15.Smt.Ranju Singh W/o Sri Ramanand Singh, resident of village Mathurapur, Post Khajraitha, Thana Parbatta, Dist. Khagaria (Bihar) 16.Smt.Anila Devi W/o Sri Naresh Prasad Sharma, resident of village Siyadih, P.O. Dhandhi Belari, Thana Beth (Sultanganj), Dist. Bhagalpur (Bihar) 17.Smt.Hira Devi W/o Sri Deepak Rai 18.Smt.Gita Devi W/o Sri Ram Bachan Rai Both are same resident of village & Post Office Fatehpur, Thana Nathnagar, Via Champa Nagar, Dist. Bhagalpur (Bihar)--------Defendants 2nd set- --- Respondents 2nd set ----------- I.A.No.6776 of 2009 11. 03.11.2009 The interlocutory application has been filed for addition of six sons and daughters of late Shamshad Khan as mentioned in paragraph-1 of the application as party respondents to the Miscellaneous Appeal. It is submitted by learned counsel for the appellants that the said persons were not originally parties to the suit and have been so added by the order dated 9.3.2009 passed in Title Suit No. 321 of 2007 while allowing the 3 application filed under Order 1 Rule 10 CPC by the plaintiffs-appellants. Learned counsels for the respondents do not oppose the said prayer. In the above circumstances, the prayer for addition of parties is allowed and it is directed that the persons mentioned in paragraph-1 of the I.A. shall be added as respondent nos. 19 to 24 to the Miscellaneous Appeal. I.A.No. 6776 of 2009 is, accordingly, disposed of. The respondent nos. 19 to 24 have already appeared by filing Vakalatnama. Hence no further notice is required to be issued to them. The appellants have come to this Court against the order dated 2.6.2008 passed in Title Suit No.321 of 2007 by the Sub-Judge Ist, Bhagalpur by which he has rejected the prayer for temporary injunction made by the plaintiffs-appellants. From a perusal of the aforesaid order it is evident that it has been passed mainly on the ground that the plaintiff in his suit had not challenged the Hibba dated 1.5.1993 nor he had challenged the compromise decree recorded in 4 Title Suit No. 410 of 2006 in which he was not a party. It is now stated by learned counsel for the appellants that both the Hibba dated 1.5.1993 and the compromise decree recorded in Title Suit No. 410 of 2006 have been challenged by making prayer for amendment in the plaint and those amendments have also been allowed. In the above circumstances, it is evident that the order dated 2.6.2008 has been overtaken by the new developments in the Title Suit itself. The Miscellaneous Appeal is, accordingly, disposed of setting aside the order dated 2.6.2008 and the matter is remanded back with a direction to the court below to reconsider the application under Order 39 Rules 1 and 2 read with Sections 94 and 151 CPC in the light of the fresh developments in the case in which both the Hibba dated 1.5.1993 and the compromise decree recorded in Title Suit No. 410 of 2006 have been challenged. It will be open to the plaintiffs to file a supplementary application in the matter in the light of the said developments and for the defendants to file their reply to the same. Let 5 such supplementary application by the plaintiffs be filed within two weeks from today and a reply to the same within a further period of one week thereafter. The application for temporary injunction should be disposed of by the court below within a period of six weeks from the filing of the reply by the defendants to the supplementary application of the plaintiffs. The interim order dated 29.8.2008 stands vacated. (Ramesh Kumar Datta,J.) spal/