IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18463 of 2011 Lal Narayan Singh & Ors Versus Chandra Pal Singh & Ors ---------------------------------- 2. 20.10.2011 Heard the learned counsel for the petitioners. The trial court rejected the injunction application. On appeal the appellate court by terms of judgment dated 25.7.2011 passed in Misc. Appeal No. 10 of 2009 by District Judge, Bhojpur Ara directed the parties to maintain status quo till the pendency of the suit and with this observation the appeal was dismissed. The learned counsel for the petitioners submitted that the petitioners are making construction on the suit properties on the basis of gift executed by petitioner No.1. The gift deed will be subject to result of the suit and the construction also will be subject to result of the suit and, therefore, they should not be restrained from making any construction. The learned appellate court should not have therefore, passed the order directing the parties to maintain status quo. Admittedly, the petitioners are making construction on the suit properties. There is no denial to this fact. The learned lower appellate court has considered all these aspects of the matter. In AIR 2005 SC 104 the Apex Court has held that unless 2 there is urgency no party should be allowed to transfer or make construction during the pendency of the suit. Moreover, considering all these aspects of the matter the learned lower appellate court directed the parties only to maintain status quo. In supervisory jurisdiction the said direction cannot be interfered because there is no illegality or impropriety or that the lower appellate court acted in excess of its jurisdiction. Therefore, I find no merit in this writ application as such it is dismissed. S.S. (Mungeshwar Sahoo,J.)