IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.292 of 2009 SURENDRA PRATAP SINGH Versus JAMUNA SINGH & ORS ----------- 3. 05.04.2010 Heard the learned senior counsel Mr. Shashi Shekhar Dwibedi, on behalf of the appellant and the learned senior counsel Dr. Uma Shankar Prasad, on behalf of the respondents No. 1, 2, 4 & 9. The injunction application was filed on behalf of the appellant on allegation that the properties which are joint family properties, standing in the name of respondent No. 1, Jamuna Singh, are being transferred by Jamuna Singh in favour of his daughter’s son who is respondent No. 9. The appellant is one of the son of Jamuna Singh. The other two sons also supported the case of the appellant. After some argument, the learned senior counsel, Dr, Uma Shankar Prasad appearing on behalf of the respondents No. 1, 2, 4 & 9 submitted that without permission of the court, his client (respondent No. 1) shall not transfer the property during pendency of the suit. The learned senior counsel further submitted that if and when required in future, the respondent No. 1 shall file application before the court below for permission to sell and if such an application is filed, it shall be decided by the 2 court below expeditiously without delay. In view of the above concession and assurance given by the learned senior counsel, this appeal is disposed of, at the stage of admission itself with this observation that if in future the respondent No. 1 files any application before the court below seeking permission to sell the suit property explaining the necessity satisfying the learned court below shall dispose of the same according to law as soon as possible without any delay. Since the respondent No. 1 has given undertaking before this court that unless permission is granted by the court below, he will not sell the suit property, no restraint order is passed It appears that this dispute is between father, sons and daughters. As such, the parties are directed to assist the court below so that the court below shall try the case to dispose of expeditiously. akv/- (Mungeshwar Sahoo,J.)