IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.557 of 2010 Tekan Singh S/o Late Ram Shara Singh, R/o Mohalla Chhota Marai, Hajipur, P.O. Hajipur, P.S. Hajipur Nagar, Anchal Hajipur, Distt. Vaishali. ... ... Appellant. Versus 1. Mahendra Singh S/o Sh. Tekan Singh, R/o Mohalla-Chhota Marai (Pokhara), Hajipur, P.O. Hajipur, P.S. Hajipur Nagar, Distt. Vaishali presently R/o quarter no.C-16, Ganga Bridge Colony, Hajipur, P.O. Hajipur, P.S. Hajipur Nagar, Distt. Vaishali. 2. Ram Bahadur Singh 3. Prem Kumar Singh 4. Pramod Kumar Singh, All the sons of Shri Tekan Singh, Village Chhoti Marai, P.S. Hajipur, District Vaishali. 5. Central Bank of India, Hajipur Main Branch, Vaishali at Hajipur through the Branch Manager. ... ... Respondents. ---------------------------------- 9. 8.12.2011. Heard Shri Ramakant Sharma, learned Senior Counsel appearing on behalf of the defendant/appellant, Shri Surendra Kishore Thakur, learned counsel appearing on behalf of respondent no.1 and Shri Arun Kumar Mandal, learned counsel appearing on behalf of respondent no.3. The present appeal under Order 43 Rule 1(R) of the Code of Civil Procedure was preferred against an order dated 4.5.2010 passed in Partition Suit No.183 of 2007 by Sub-Judge-IV, Hajipur, Vaishali. By the said order, learned court below had rejected the petition filed by the appellant for allowing him to sell suit property for clearing the loan of the Bank. Some of the suit properties were mortgaged with the 2 respondent no.5/Central Bank of India. In this case, earlier an Interlocutory Application i.e. I.A. No.381 of 2011 was filed by the appellant for restraining respondent/Bank from disposing of mortgage property in question. Before hearing of Interlocutory Application, compromise had already entered in between the parties and as such Interlocutory Application, by order dated 14.2.2011, was dismissed since the same had become infructuous. Since the basic object for filing of the petitioner by the appellant before the court below was to obtain permission from the court below for disposing of suit property for clearing the loan amount of the Bank, that object has already been fulfilled in view of compromise between the parties, the court is of the opinion that now the present appeal has become infructuous and the same stands disposed of. N.H./ ( Rakesh Kumar,J.)