IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.772 of 2010 Binay Kumar Chaudhary, S/o Sri Mahavir Prasad Chaudhary through Smt. Sudha Chaudhary W/o Sri Binay Kumar Chaudhary Power of Attorney holder Vide Registered deed no. 188/10 dated 06/05/10 by the Distt. Sub- Registrar, Sitamarhi Resident of Village Bela, Bahadurpur, PS Nanpur Distt. Sitamarhi presently residing at Sector 5, Plot No. 2, Y-109 Vivekanand Apartment, Dwarka, New Delhi 1111007. ……. (Plaintiff) Appellant Versus 1. Shri Mahavir Prasad Chaudhary, S/o Late Sunder Narayan Chaudhary Resident of Village Bela, Bahadurpur, PS Nanpur, P.O. BelaShanti Kutir, Distt. Sitamarhi, presently residing at Dumara Nagar Panchayat, Ward No. 3, P.O. & P.S. Dumara, Distt. – Sitamarhi. (Defendant No. 1) Respondent No. 1 2. Dr. Abhay Kumar Chaudhary, S/o Sri Mahavir Prasad Chaudhary, Resident of Village Bela, Bahadurpur, P.S. – Nanpur, P.O. – Bela Shanti Kutir, Distt. – Sitamarhi, presently (Flat No. 203 Triveni Niwaas) residing at Rajendra Nagar, RK Avenue, Nalaroad, Patna – 8000016. 3. Dr. Renu Chatterjee, W/o Dr. Prof. Tushar Kanti Chatterjee (D/o Sri Mahavir Prasad Chaudhary) Resident of Nagar Udyan Path, Ward No. 23, Naya Sitamarhi, P.O. & P.S. & Distt. – Sitamarhi. 4. Smt. Kalpana Beni Puri, W/o Ratan Kumar Beni Puri (D/o Shri Mahavir Prasad Chaudhary Resident of (Flat No. 8, Block No. 13), Acharltara Apartment, Adhai Miles Sevalk Road, Siligurhi, West Bengal Pin Code 734001. 5. Smt. Bhawna Dwivade W/o Late Major Shaheed Chandra Bhusan Dwivedi (D/o Mahavir Prasad Chaudhary), Resident of 252 Vijaz Veer Awaas Yojana, Sector 18A, Dwarika, New Delhi Pin Code 110078. (Defendants No. 2 to 5) = Respondents No. 2 to 5. 6. Ajay Kumar Chaudhary, S/o Late Rabindra Prasad Singh (Resident of Village Bela, Bahadurpur, P.S. – Nanpur, P.O. – Bela Shanti Kutir, Distt. – Sitamarhi Present residing at Dumara Nagar Panchayat, Ward No. 3, P.O. & P.S. – Dumara, Distt. – Sitamarhi.) (Defendant No. 6) = Respondent No. 6. ---------------------------------- 9 15.11.2011 Heard Sri Raj Kishore Prasad, learned counsel for the appellant and learned counsel appearing on behalf of respondent no. 1. The present appeal under order XLIII Rule 1(r) of the Code of Civil Procedure has been preferred against an order dated 08.06.2010 passed by Sub Judge I, Sitamarhi in Title Partition Suit No. 95 of 2010. By the said order the learned court 2 below has rejected the injunction petition filed by the plaintiff/appellant. The plaintiff/appellant has filed a suit for partition of the properties arraying the respondents as defendants. The respondent no. 1 is the father of the appellant. It was pleaded before the court below that the respondent no. 1 had transferred some joint property to respondent no. 6 and with a view to restrain the defendant no. 1 & 6 the petition under order 39 rule 1 & 2 read with section 151 of the Code of Civil Procedure was filed. On perusal of the impugned order it appears that the plaintiff/appellant has included the self acquired property of the defendant no. 1 in the suit for partition. It is further evident that the appellant/plaintiff had not made out a prima facie case for grant of injunction in his favour. Moreover, it is settled principle of law that in ordinary course in a partition suit the court should restrain from passing any interim injunction. I do not find any defect in the impugned order. The appeal stands dismissed. Praful ( Rakesh Kumar, J.)