IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.515 of 2008 SAKUNIA DEVI Versus GOPAL PRASAD & ORS 10. 13.07.2010 Heard learned counsel for the appellant and respondents. This appeal has been preferred against order dated 19.7.2008, passed by Lower Appellate Court, refusing the prayer of interim injunction made by defendant-appellant, seeking order of interim injunction, restraining the respondents from alienating the subject matter of the suit and appeal. After some arguments, the learned counsels arrived at the agreement that since the original suit was of the year 1978, which could be decided in the year 2006. The appeal against the findings of the Trial Court has also traveled for four years, so the appeal be decided and disposed of on its own merit and the parties are ready to extend their cooperation to the Lower Appellate Court in proceeding expeditiously. If it is done they may not be interested in disposal of the injunction matter by this Court on merit. Further the respondents shall not alienate any portion of the suit plot, unless and until, they obtained permission from the Lower Appellate Court, after due intimation to other side. 2 Giving respect to the agreement between the parties, through their respective counsels, this appeal is hereby disposed of without any adjudication on merit. The court below is directed to proceed expeditiously with the appeal and preferably dispose it of within four months from receipt of copy of this order or communication by any means, till disposal of the appeal none of the parties shall be at liberty to alienate any portion of subject matter of the suit/appeal, unless, specifically permitted by the court, as agreed. Let, this order be communicated to the court below, through fax at the cost of appellant. Praveen ( Akhilesh Chandra, J.)