IN THE HIGH COURT OF JUDICATURE AT PATNA M.A. No.270 of 2010 1. MOHAN KUMAR RAI 2. BINAY KUMAR RAI BOTH SONS OF LATE NAND KISHORE RAI, R/O VILLAGE RANNUCHAK, LP.O. RANNUCHAK, P.S. NATHNAGAR, DISTRICT BHAGALPUR .. PLAINTIFFS-APPELLANTS Versus KRISHNA MOHAN RAI, S/O SRI ASHOK KUMAR RAI, R/O VILLAGE P.O. RANNUCHAK, P.S. NATHNAGAR, DISTRICT BAGALPUR .. DEFENDANT-RESPONDENT **** For the appellants .. M/S Ganpati Trivedi & Mr. Dev Kumar Pandey, Advs. For the respondents .. M/S Krishna Mohan, Diwakar Upadhaya & Praveen Kumar, Advs. **** /7/ 2 November 2010 Heard learned counsel for the parties. 2. This Miscellaneous Appeal is directed against the order, dated 16th January, 2010, passed by the Sub Judge, I, Bhagalpur, in T.S. No. 425 of 2008, by which he has rejected the petition for ad interim injunction holding that neither there is prima facie case nor balance of convenience, as the plaintiffs are not in possession. However, the plaintiffs filed a suit for declaration of title and, further, that the sale deed executed in favour of the 2 defendant by plaintiff no. 2 is illegal, inoperative, void and not binding on the plaintiffs. However, in the suit a petition for interim injunction was filed on the ground that he is in possession, but, the same has been rejected on the ground that this is a case for declaration of title and in the case of declaration of title, injunction can not be granted and, further, on the ground that in various sale deeds, by the parties, there is averments of the right and interest of the parties and the sale deed taken into consideration by the impugned sale deed. 3. The learned counsel for the appellants, however, relied upon the decision reported in A.I.R. 1996 S.C., 1936 (Smt. Rajnibai @ Mannubai Vrs. Smt. Kamla Devi & Ors.) where it has been held that when a suit of declaration of title simpliciter, the Court has power under Section XXXIX Rules 1 and 2 and or even Section 151 to grant ad interim injunction pending in the suit and, hence, contended that the observation of the Court that in suit for declaration, an order of injunction can not be granted and, further asserted that the averments made in the sale deeds are with regard to the selling with the share and the rights. 3 However, the learned counsel for the appellants asserted that if there is no partition then if the share is sold then the party can not take the possession, but, requires to file a suit for partition. 4. The learned counsel for the respondent, however, contended that the averments made in the sale deed mentions the rights and share and there is no averments that he is selling the property by virtue of a karta and, hence, it shall deem that the parties sold the share they acquired in partition suit. 5. However, having regard to the position that the parties claiming their possession over the suit property, agreed that a direction be given to the lower Court to decide the case with a time frame and the status quo as existing today shall be maintained as between the parties so that party may not create any third party interest till the disposal of the suit. 6. Hence, under the facts and circumstances, since, the parties agreed to maintain status quo, it is hereby ordered that the parties shall maintain status quo as existing today and shall not made a third party interest and the suit is 4 to be disposed off within eight months and the learned lower Court is directed to proceed with the suit on day-to-day basis any adjournment shall be strictly in compliance of Order XVII of the Civil Procedure Code and the District Judge, Bhagalpur, is hereby directed to monitor and see that the case may not fall in any vacant Court during the period so that the case may be disposed off within six months. The parties be given three months each for adducing evidence after framing issues and, thereafter, hearing the argument the Presiding Officer shall dispose off the suit within further two months and, hence, suit must be decided within eight months. 7. With these observations and directions, this Miscellaneous Appeal is disposed off. Cp:2/S.A. ( Gopal Prasad, J. )