IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.528 of 2007 MOST.SITA DEVI, W/o – Late Satyadeo Prasad, resident of Mohalla – Thakurbari, P.S. Motihari Town, District - East Champaran. --------- Plaintiff ---- Appellant. Versus 1. ARUN KUMAR @ Arun Kumar Singh, S/o – Late Satyadeo Prasad 2. Smt. Indra Devi, W/o – Parshuram Prasad, both are residents of Mohalla – Khudanagar – Motihari, P.S. – Chhatauni, District – East Champaran. ------------ Defendant 1st Set ---- Respondent 1st Set. 3. Chandra Bhushan Prasad, S/o – Bhola Sah, resident of Mohalla – Khudanagar, Motihari, P.S. – Chhatauni, District – East Champaran. -------- Defendant 2nd Set ----- Respondent 2nd Set. ------- 07. 16.07.2010 Heard learned counsel for the appellant, there is none to represent on behalf of learned counsel for the respondents. As it appears by earlier order of this court dated 19.08.2008, parties have already been directed to maintain status quo till disposal of the appeal. Notice upon respondent no.3 has validly been served. This appeal has been preferred against order dated 09.08.2007 passed by Sub-Judge, IVth, Motihari, East Champaran, in Partition Suit No. 166/2007, refusing the prayer of the plaintiff appellant seeking order of ad interim injunction against present respondent no.3 for restraining him from entering into possession of suit house on the basis of purchase from a co-sharer. The very sale deed is under challenge and as it appear from order of the court below, he found prima facie case and balance of convenience in favour of the appellant but, only because sale deed in question appears to have been - 2 - conditional sale and there is some delay in becoming the deed defective and operative. This appeal is lying pending for the last three years and as stated, parties have already been directed to maintain status quo. Taking into consideration, the limited scope and nature of the suit and no contest on behalf of the respondent no. 3 here in appeal if the suit is expeditiously proceeded and disposed of by the court below and till then the parties maintain status quo, it shall serve interest of justice and parties is well if any interference in possession of the parties are made, they may suffer irreparable loss. Taking into consideration, all such aspects, this appeal stands disposed of. Parties are directed to maintain status quo till disposal of the suit. Simultaneously, the court below is directed to proceed expeditiously within a year. Rajeev/ (Akhilesh Chandra, J.)