IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.246 of 2009 BINOD KUMAR KHOWALA son of Late Mahabir Prasad Khowala, resident of House No.54, Vaibhav Apartment, Budh Marg, Police Station- Kotwali, Patna, District- Patna …Plaintiff/ Appellant Versus 1. SRI KAILASH KUMAR KHOWALA son of Late Mahabir Prasad Khowala, resident of House No.54, Vaibhav Apartment, Budh Marg, Police Station- Kotwali, District- Patna at present residing at 5/5 AB, Shyam Vihar REF/2,Raghunathpur, Kolkata-700059 2. Sri Dinesh Kumar Khowala, 3. Sri Manoj Kumar Khowala both sons of Late Mahabir Prasad Khowala, resident of House No.54, Vaibhav Apartment, Budh Marg, Police Station- Kotwali, District- Patna 4. Smt. Savitri Devi Khowala, w/o Late Mahabir Prasad Khowala, resident of 54, Vaibhav Apartment, Budh Marg, Police Station- Kotwali, District- Patna 5. Smt. Laxmi Devi Khowala w/o Sri Dinesh Kumar Khowala, resident of 54, Vaibhav Apartment, Budh Marg, Police Station- Kotwali, District- Patna 6. Smt. Sangeeta Khowala, w/o Sri Manoj Kumar Khowala, resident of House No.54, Vaibhav Apartment, Budh Marg, Police Station- Kotwali, District- Patna …Defendants/Respondents ----------- 7/ 10.03.2011 Heard the parties. The appellant is aggrieved with the order dated 28.01.2009 passed by the Sub-Judge 1st , Patna, in Title Suit No.214 of 2008, by which the application filed on behalf of the plaintiff for restraining the defendants from transferring or alienating or disposing of the suit property has been disallowed. Admittedly, the Title Partition Suit was filed in the year 2008 and the order impugned was passed on 28.01.2009 and on a specific query by this Court, the appellant-plaintiff has conceded that in the last almost three years the suit land has not been alienated nor the features have been changed. In view of such, since there is no apprehension of any alienation, this appeal is dismissed. JA/- (Anjana Prakash,J.)