IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3349 of 2008 MISHRI LAL YADAV @ MISHRI KUMAR YADAV & ANR Versus THE STATE OF BIHAR & ANR ----------- For the petitioners: M/s. Sidheshwari Pd. Singh, Sr. Advocate and Krishna Kishore Sinha. For the State : M/s. Subhash Prasad Singh, GA 8 and Dilip Kumar, AC to GA 8. ________ 02. 07.10.2009 Both the interlocutory application and the writ application have been taken up for final decision after having heard learned senior counsel for the petitioners and learned counsel for the State. Though prima facie the Court does not find any major infirmity in the reasons assigned by the two impugned orders passed by the learned Munsif as well as 3rd Additional District Judge, Muzaffarpur, which arise out of Title Suit No. 13 of 2007 in relation to injunction but the basic core issue still remains that the right, title and interest of the petitioners for which suit has been filed has to be decided. Petitioners cannot be thrown out at the first instance, even if the prayer for injunction, though made, has not found favour with the courts below for the reasons indicated therein. In the larger interest the Court is of the considered opinion that it is a matter where steps should be taken by the trial court to expedite the case leading to a final decision in the matter, in the suit itself, preferably within a period of six months from today. The plaintiffs will be well advised to co-operate in the matter and not seek unnecessary adjournments on frivolous grounds. Before parting submission is made at the bar by the learned - 2 - senior counsel that one of the primary requirement in the case of this kind would be to carry out an actual measurement on the piece and parcel of land to identify the same. In this regard the Court does not direct or record anything as the petitioners may make such prayer before the trial court, which will be considered by the court below. Petitioners would not be disturbed in the meanwhile till the decision of the suit. The writ application and I.A. No. 6010 of 2009 stand disposed of. Let a copy of this order be handed over to learned GA 8 for communication. Office to communicate the order to the trial court. rkp (Ajay Kumar Tripathi, J)