IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.254 of 2007 SHYAM NANDAN SINHA Son of Late Rajeshwari Prasad Sinha, Resident of Village-Purbi Kargahia Belbag, Bettiah, P.O. Belbag Bettiah , P.S. Bettiah ( Muffasil), District-West Champaran at present Flat No.80-T, Sector -7, Jasola Vihar, P.S. Sarita Vihar, New Delhi-25 ---------- Defendant ---- Appellant Versus DR.ARUN KUMAR SINHA, Son of Sri Jagarnath Prasad, resident of Of Mohalla Uttarwari Pokhra Bettiah, P.O. and P.S. Bettiah, District- West Champaran ---- Plaintiff ------- Respondent. ----------- 4 30-03-2009 Heard Mr. Sukumar Sinha, Sr. Advocate, learned counsel for the defendant-appellant and Mr.Mukul Sinha, learned counsel for the plaintiff-respondent. This appeal is directed against an order dated 19.5.2007 passed by the learned Subordinate Judge-I, West Champaran at Bettiah in connection with Title Suit no.89 of 2006 whereby he passed orders under Order 39 Rules 1 C.P.C. directing the defendant-appellant to maintain status quo over the suit lands and not to change the nature of the suit lands till disposal of the suit itself. As misfortune would have it , during the pendency of the appeal before this Court, the plaint itself was dismissed under Order 7 Rule 11 C.P.C. vide order dated 9.2.2009. In view of the dismissal of the plaint itself, the injunction order granted therein cannot be in force since the injunction order related to the suit itself and the suit having been dismissed the injunction order would automatically terminate. - 2 - In view of the existing situation, this appeal has become infructuous and is accordingly disposed of. NKS/- (Abhijit Sinha, J.)