IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9328 of 2009 ***** Sita Ram Khatik son of Late Harpal Khatik, resident of village- Maghiya, P.S. Kateya, Post- Kalyanpur, District-Gopalganj. …. …. Petitioner – Respondent - Defendant Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. Mosmat Sukhiya wife of Late Srikishun Khatick, resident of village-Maghiya, Post- Kalyanpur, P.S. Kateya, District-Gopalganj. …. …. Respondent – Appellant - Plaintiff ----------- 2. 6.8.2009. Heard learned counsel for the petitioner and learned counsel for the State and also perused the impugned order dated 1.6.2009 passed by the Court of Ist Additional District Judge, Gopalganj contained in Annexure-7 in Misc. Appeal No.31 of 2007. The Court has prima facie held that there is a residential house situated over the suit land of which respondent no.2 is in occupation. The prima facie case being what it is, the balance of convenience thus in favour of respondent no.2 in such a case no irreparable injury is being caused to the present petitioner in this case. In view of the above, the order does not require any interference but the parties will be well advised to expedite the title suit so that a final decision is rendered on the matter at the earliest. The writ application stands dismissed. Pawan/- (Ajay Kumar Tripathi, J.)