IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.665 of 2007 SURESH PRASAD, S/o Late Yamuna Sah, R/o Village-Banjaria, P.S.-Banjaria, P.O. Motihari, District-East Champaran. Versus 1. MOSTT. SUSHILA DEVI, W/o Late Rajendra Prasad. 2. Sanjay Kumar, S/o Late Rajendra Prasad. 3. Rajnish Rajan @ Upendra Kumar, S/o Late Rajendra Prasad. 4. Sangita Devi, W/o Late Rajkishore Prasad, D/o Late Rajendra Prasad. All are R/o Village Banjaria, P.O. Motihari, P.S. Banjaria, District- East Champaran. 5. Saraswati Devi, W/o Ganga Prasad Bijeta D/o Late Rajendra Prasad, r/o Village-Balapur, P.O. and P.S. Ghorasahan, District-East Champaran. 6. Priyanka Devi, W/o Hitesh Kumar, D/o Late Rajendra Prasad, R/o Village-Machhargawa Bazar, P.O. and P.S. Machhargawa Bazar, District- West Champaran…..Defendent 1set---Respondents—1set. 7. Bigu Sah, S/o Late Ambika Sah, R/o Village-Mahuahi, Murshidabad, P.O. Bhelwa, P.S. Ghorasahan, District-East Champaran. 8. Sharda Devi, W/o Shri Ramnarayan Sah, D/o Ambika Sah, R/o Village Chauri, P.S.-Chauri, P.S. Jeetna, District-East Champaran. 9. Panna Devi, W/o Anarsi Sah, D/o Ambika Sah, R/o Village-Chailaha Lala Tola, P.O. Chailaha Paharia, P.S. Banjaria, District-East Champaran. 10. Kanti Devi, W/o Sukhari Sah, D/o Ambika Sah, R/o village Majhawlia, P.O. Majhawlia, P.S. Madhuban, District-East Champaran. …….Defendents 2nd Set---Respondent 2nd Set. 11. Ashok Kumar, S/o Ramnarayn Prasad, R/o Village Chanri, P.O. Chanri, P.S. Jeetna, District-East Champaran. 12. Dangar Sah, S/o Late Sukhdeo Sah, R/o Village-Luxman Chowk, Ambika Nagar Jawad Colony, P.S. Banjaria, P.O. Motihari, District-East Champaran. 13. (i) Mostt. Jawarsi, W/o Late Shankar Shar. (ii) Pramod Kuamr Gupta, S/o Late Shankar Sah. (iii) Binoy Kumar Gupta, S/o Late Shankar Sah. (iv) Sudama Devi, D/o Late Shankar Sah. All are R/o Vill.-Nakardki, P.O. & P.S.-Nakardei, Dist.- East Champaran. (v) Lalita Devi, W/o Nagendra Sah, D/o Late Shankar Sah, R/o Village-Sirsiya Khurd, P.O. & P.S. Adapur, Distt.-East Champaran. 14. (i) Kanhiya Sah, S/o Late Bhuteli Sah. (ii) Jaubal Sah, S/o Late Bhuteli Sah. (iii) Mohan Sah, S/o Late Bhuteli Sah. (iv) Parwati Devi, W/o Sri Sah, D/o Late Bhuteli Sah. All are R/o Village Dhakha Bazar, P.O. Dhakha Bazar, P.S. Muffasil, Motihari, District-East Champaran. 15. Faku Sah, S/o Late Tahshildar Sah. R/o Village-Banjaria, P.O. Motihari, P.S.- Banjaria, District-East Champaran. ……..Defendent 3rd Set—Respondent 3rd Set. 2 16. Brij Kishore Singh, S/o Late Bahadur Singh, R/o Vill.-Banjaria (Babu Tola) P.O. Motihari, P.S.-Banjaria, District-East Champaran. ……Defendant 4th Set---Respondent 4th Set. ----------- 11. 06.01.2011 The appellant who is plaintiff in the court below is aggrieved by the order dated 15.09.2007 passed by Sub- Judge-VIII, Motihari, East Champaran in Partition Suit No. 122 of 2006 by which he has rejected an application for injunction filed on behalf of the plaintiff. It was submitted on behalf of the appellant that they had apprehension that the defendant would sell off the suit land since the track record of the respondent was that they had previously sold off the part of the suit land and therefore an injunction should have been granted so that there is no further alienation of the land. It has been submitted on behalf of the Respondents that even before the partition suit was filed the said land had been sold so there was no question of determining the track record of the respondents or any apprehension in the mind of the appellant of a further alienation. The further submission is that no irreparable loss could be caused to the appellant and they could be adequately compensated if the suit land was alienated. On going through the records of the case it is an undisputed fact that application for injunction was filed on 30.03.2006 whereas the impugned order was passed on 15.09.2007 i.e. more than three and half years ago and 3 since then there is no further development with regard to transaction of sale of the suit land. Under the circumstances, evidently, there is no requirement for any injunction with regard to the suit land. In view of such, the application is dismissed. However, the Sub-Judge, Motihari, East Champaran is directed to conclude the proceeding of Partition Suit No. 122 of 2006 within a period of nine months next from the receipt of this order for which no necessary adjournment shall be granted to either of the parties to ensure conclusion of the same. However, if the appellant at any stage feels the necessity for praying for an injunction he shall not be precluded from making such a prayer. Vikash/- (Anjana Prakash, J.)