IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2297 of 2007 1. Mosmat Meena Devi W/o Late Tara Chand Sah 2. Rajesh Kumar Sah 3. Subhash Kumar Sah both sons of Late Tara Chand Sah resident of Mohalla Jadua P.O. Jadua P.S.Town Hajipur Dist. Vaishali Defendants Ist set-Respondents-Petitioners Versus 1. Aklu Rai S/o Jagnarayan Rai 2. Chandrika Rai 3. Mundrika Rai 4. Devanand Rai all sons of Aklu Rai resident of Mohalla Jadua (Bagh tola) P.O. Jadua P.S.Town Hajipur Dist. Vaishali Plaintiffs-Appellants- Opposite parties 5. Ashrafi Singh S/o Jai Lal Singh resident of Village Garejh P.O. Dharampur Anchal Bidupur Dist. Vaishali Defendant 2nd set -Opposite party ----------- For the petitioners: Mr Raghuvendra Sharan Pandey, Advocate -------------- 07 27.08.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by the defendants Ist set-respondents-petitioners challenging that part of order dated 05.04.2003 by which learned Additional District Judge V, Vaishali at Hajipur was pleased to grant of order of status quo while disposing of Miscellaneous Appeal No.17/2002 (3/2003). 3. This matter arises out of Title Suit No.7 of 2001 which was filed by the plaintiffs-appellants-opposite party nos. 1 to 4. In the said suit plaintiffs filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure for restraining the defendants by an order of injunction. 4. The said application for injunction was rejected by the learned Subordinate Judge VI, Vaishali vide his order dated 02. 08.2002 which was challenged by the plaintiffs in Miscellaneous - 2 - Appeal No. 17 of 2002. The said Miscellaneous appeal was disposed of by order dated 05.04.2003 with a direction to the learned court below to dispose of the suit within four months from the date of receipt of lower court record and during that period the defendants- respondents will maintain the status quo of the disputed land and they will not change the physical features of the disputed land till disposal of the suit. 5. Against the said order, the instant civil revision has been filed by the defendants-respondents-petitioners. The law is well settled in this regard by the Hon’ble Apex Court in the case of Surya Dev Rai vs. Ram Chander Rai & others reported in (2003)6 Supreme Court Cases 675 that after amendment of 1999 in the Code of Civil Procedure, no revision shall lie against any order passed in Miscellaneous Appeal affirming/reversing/modifying any order of the trial court in injunction matter and if the aggrieved person wants, he can take recourse to the forum of Articles 226 and 227 of the Constitution of India. 6. In the said circumstances and in view of the aforesaid facts and circumstances, this civil revision is disposed of with a direction to the concerned Subordinate Judge, Vaishali to dispose of Title Suit No. 7 of 2001 within four months from today if it has not done as yet in spite of order of the appellate court, failing which strict view in the matter shall be taken. shahid (S.N.Hussain, J)