IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1633 of 2008 1. SHRI ARUN KUMAR SAH son of late Rameshwar Prasad Sah 2. Mostt. Kalawati Devi, wife of late Rameshwar Prasad Sah 3. Smt. Niru Gupta, daughter of late Rameshwar Prasad Sah 4. Smt. Nirmala Devi, daughter of late Rameshwar Prasad Sah 5. Smt. Meena Devi, daughter of late Rameshwar Prasad Sah All are residents of Mohalla-Salempur Kasba, P.O.& P.S.-Barh, Distt.Patna.--- ---------------Petitioners. Versus 1. BIRENDRA KUMAR SAH son of late Sheo Lal Sah, resident of Mohalla- DurgaAsthan(Kajichak) Neelam Cinema, P.S.-Barh, Distt.-Patna. 2. The State of Bihar-----------------------------------------------Opp. Parties. ----------- For the petitioner : Mr. Shree Nandan Prasad Singh, Advocate. For the Opp. Party no.1 : Mr. Pushkar Narain Shahi,Advocate Mr. Manish Kumar No.2, Advocate. ------------- 9. 24.11.2010 Heard the parties. Petitioners want that opposite party no.1, Birendra Kumar Sah, be punished for violating the interim order passed by this Court on 14.2.2008. By that order respondents were restrained from selling properties involved in the suit but by a sale deed dated 30.5.2008 the opposite party no.1 has sold a small piece of land measuring about 5 dhoors for Rs.2.40 lacs. The defence of the opposite parties is that the interim order of this Court was passed ex-party and he had no knowledge of that order till the execution of sale deed by him. It has been submitted that had he known of the interim order, he would have taken permission of this Court to sell a portion of the suit land to meet medical expenses. Considering the entire facts and circumstances of the case, this matter is finally disposed of in view of the undertaking given by respondent no.1, Birendra Kumar Sah, and others that they will not 2 sell any portion of the suit property henceforth in view of the restrain order contained in Annexure-1. It goes without saying that in case of acute necessity he will be at liberty to pray for partial modification of that order. It goes also without saying that at an appropriate stage the subject matter of the sale deed executed by opposite party no.1 shall be considered by the concerned court to adjust the equities between the parties. Sudip ( T. Meena Kumari, J.) ( Shiva Kirti Singh, J. )