IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.321 of 2006 WISETEE CONSTRUCTION PVT.LTD Versus SMT.NEELAM KUMARI & ORS ----------- 7. 25.11.2008 This appeal is filed by the appellant who was respondent- defendant No.7 and who are developers relating to a part of the suit land. The learned counsel for the appellant submits that the plaintiff/respondent No.1 had filed the suit for partition wherein prayer was made for restraining the other co-sharer defendants in alienating the suit property and the prayer of injunction was allowed by the trial court. It is further submitted that the appellant/defendant No.7 was not a party to the suit and he subsequently appeared and was made a party as defendant No.7 and prayed for vacating injunction order granted in favour of the plaintiff/respondent No.1 but the prayer was refused vide impugned order dated 7.6.2006 which is subject matter of this appeal. In course of argument, Mr. Jitendra Kishore Verma, the learned counsel for the appellant submits that concerned suit (T.S. No.334/02) has already been dismissed on 4.2.2008 on account of non-prosecution. But he further submits that the respondent No.1 has also taken steps for restoration T.S. No.334 of 2002 by filing miscellaneous case No.3 of 2008. Be that as it may, but presently this suit in which the impugned order was passed already stands dismissed and there is no lis pending with regard to the matter in which the impugned order was passed. - 2 - In such view of the matters, there is no scope for hearing and grant of any relief of this appeal. Therefore, this appeal accordingly stands dismissed. However, the appellant will be at liberty to take recourse for the remedy as available under Law in case the title suit is restored. (C.M. Prasad, J.) Ravi/-