IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1809 of 2006 AWADH BIHARI PRASAD, SON OF LATE SUDAMA PRASAD, RESIDENT OF VILLAGE DHANAWRAH, P.S. AWATAR NAGAR, DISTRICT SARAN AT CHAPRA …….PLAINTIFF- PETITIONER Versus 1. SHEOJI PRASAD, SON OF LATE MUNILAL SAH 2. UMESH SAH 3. LAWKUSH SAH, BOTH SONS OF LATE RAM BABU SAH, RESIDENTS OF VILALGE DHANAWRAH, P.S. AWATAR NAGAR, DISTRICT SARAN AT CHAPRA………………. DEFENDANTS-OPPOSITE PARTIES ----------- 3. 27.03.2009 Heard learned counsel for the petitioner on the limitation petition bearing I.A.No.4447 of 2006 and also on merit of this application. For the cause shown in the limitation petition, delay in filing this revision application is condoned and limitation petition is allowed. This civil revision application has been filed by the plaintiff-petitioner against the order dated 1.4.2006 passed by the Additional District Judge (Fast Track Court –V), Saran at Charpa in Misc. Appeal No.55 of 2003 by which the appeal of the plaintiff against the order of the trial court dated 12.6.2003 passed in Title Suit No.167/2007 rejecting the application of the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure has been dismissed. - 2 - From the order impugned it appears that the plaintiff had filed a suit for declaring the sale deed executed by him in favour of the defendants as illegal, inoperative and not binding upon him. In the suit a pleader commissioner was appointed and in presence of both the parties, the pleader commissioner inspected the disputed plot and found pucca construction on the plot in possession of the defendants. In the circumstances, the injunction application of the plaintiff was dismissed by the trial court. Considering the facts of the case, the appellate court has also dismissed the appeal of the plaintiff by the impugned order. This Court does not find any error in the order of the learned appellate court and, therefore, does not find any merit in this civil revision application. The application is, accordingly, dismissed. B.T. (J.N. Singh, J.)