IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9436 of 2011 KAILASH PARIT & ORS Versus HIRALAL SAH & ORS ----------- 02. 21.06.2011 Heard the learned counsel for the petitioners. This writ application has been filed against the order dated 04.02.2011 passed by Sri Arun Kumar Jha, learned 2nd Additional District Judge, Motihari, East Champaran in Misc. Appeal No.9 of 2010/2 of 2010 affirming the order dated 30th April, 2010 passed by the trial court in Title Suit No.39 of 2008 whereby the Court below granted injunction restraining the petitioners not to interfere in the repairing work of the house by the plaintiff. From perusal of the impugned order, it appears that the learned Court below after considering the facts and circumstances of the case found that the respondent is in possession of the house. So far this finding is concerned, it is a finding of fact and, therefore, in exercise of power under Article 227 of the Constitution of India, the impugned order cannot be interfered. Accordingly, this writ application is dismissed. So far finding of possession recorded by both the Courts below is concerned, it will not prejudice the parties at the time of final hearing of the suit. Saurabh ( Mungeshwar Sahoo, J.)