IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.242 of 2009 PAWAN KUMAR SHARMA & ORS Versus SMT.RITA DEVI & ORS ----------- 2 12/5/2009 Heard counsel for the appellants. The issue of injunction in a suit where both the plaintiff and the defendant claim their title and possession on the basis of valid their respective sale deed, can definitely be gone into if there is clinching material to show which one of the two sale deeds in question are sham, fraudulent and inoperative. The finding of the court below is that the common vendor of the plaintiff or the defendant had already agreed in their joint written statement in an earlier suit that the land belongs to them jointly which had been later on partitioned. Thus, it cannot be said that the finding recorded by the court below that the plaintiff do not have prima-facie case suffers from any error. Obviously, if the suit is ultimately decided the share of the parties can be gone into in the light of the judgment. Learned counsel for the appellant would submit that there is apprehension of changing the physical features of the suit property. In the opinion of this Court, the court below has taken care of this aspect and has made it clear that any change in the physical features of land would be subject to final result of the judgment in the suit. That being so, this Court would find no reason to interfere with the impugned order and accordingly this appeal is 2 dismissed with a direction to the court below to dispose of the suit itself expeditiously. Abhay Kumar (Mihir Kumar Jha, J)