IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.311 of 2005 DINESH SHARMA Versus PREM LAL @ PREM LAL SHARMA ----------- 7. 23.7.2008 No body appears for the respondents. Heard learned counsel for the appellant. This appeal has been directed against the order dated 21.4.2005 passed by Subordinate Judge-1, Bhagalpur, in Title Suit no. 250 of 2004 whereby and whereunder the petition filed on behalf of the respondent-plaintiffs under Order 39 Rule 1 read with Section 151 CPC praying therein to maintain status quo ante and to restrain the appellant-defendants from making any transfer of any part of the suit property till disposal of the suit was allowed. It has been submitted by learned counsel for the appellant that appellant-defendant has already furnished undertaking in the court below so far maintenance of status quo ante and not to dispose of any suit property till disposal of the suit except the property described in Item II of Schedule B of the plaint was concerned. The suit property has been claimed by the appellant- defendant as his self-acquired property and, so, it was not subject matter of partition and in case there is any impediment in disposal of such 2 property by them during the pendency of the suit, it would amount to denying his right, privilege and may adversely affect his interest. It has also been submitted that no positive step even for commencement of hearing of the suit has been taken in the court below. No body appears for the respondent-plaintiffs so as to contradict or controvert aforesaid assertion made on behalf of the appellant- defendant. In the facts and circumstances, this appeal is disposed of with a direction to the court below to consider the petition, if so filed during pendency of the suit before him, by the appellant-defendant in respect of disposal of suit property, as stated in Item II of Schedule B of the plaint by giving parties an opportunity of being heard. The court below may, if so feels, decide this particular point, if raised on behalf of the appellant, by framing a separate issue in respect of Item II of Schedule B property. (Subash Chandra Jha,J.) spal/