IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6307 of 2004 1. SHIVRAJ TIWARY (dead) SON OF LATE BANKA TIWARY. 1(a) BAGIRATHI DEVI WIFE OF LATE SHIVRAJ TIWARY. 1(b) RAVI SHANKAR TIWARY 1(c) DAYA SHANKAR TIWARY 1(d) MOHAN TIWARY 1(e) ASHISH TIWARY 1(f) Sohan Tiwary 1(g) KRIPA SHANKAR TIWARY ALL SONS OF LATE SHIVRAJ TIWARY. 2. Kedarnath Tiwary son of Hridyanand Tiwary. 3. Suryanath Tiwary son of late Ram Vyas Tiwary. ALL RESIDENTS OF VILLAGE- P.O. AND P.S. BARHARA, DISTRICT- BHOJPUR – PETITIONERS. Versus 1. THE STATE OF BIHAR 2. DHARAM PUKAR RAM SON OF LATE AMAR RAM. 3. NAME NOT KNOWN, WIFE OF LATE BHIM RAM. 4. SUDAMA RAM 5. ANGAD RAM, BOTH SONS OF LATE PRABODH RAM. 6. NAME NOT KNOWN, WIFE OF LATE PRABODH RAM. 7. NIRMAL RAM SON OF LATE BHARAT RAM. 8. NAME NOT KNOWN, WIFE OF LATE BHARAT RAM. 9. BIR BAHADUR RAM SON OF LATE HITRAJ RAM. 10. NAME NOT KNOWN, WIFE OF LATE HITRAJ RAM. 11. CHILD NAME NOT KNOWN, MINOR SON OF LATE HITRAJ RAM THROUGH HIS MOTHER AND NATURAL GUARDIAN. 12. VIJAY SHANKAR TIWARY SON OF LATE RAM BACHAN TIWARY. 13. RAM PUJAN TIWARY SON OF LATE RAM SWARUP TIWARY. ALL RESIDENTS OF VILLAGE, P.O. AND P.S. BARHARA, DISTRICT- BHOJPUR – RESPONDENTS. ----------- For the petitioners: M/s S.S. Dwivedi,Sr.Advocate with Rakesh Chandra and R.K.Dubey, Advocates. For Private respondents: Mr. Satyadeo Kumar, Adv. For the State : Ms. Divya Verma, A.C. to AAG-3. ------- 10/ 30-03-2011 Heard the parties. 2. The petitioners have filed the present writ petition under Article 226 of the Constitution of India, 2 questioning the validity and legality of the order dated 01.07.2003 passed in Title Suit No. 178 of 2003, vide Annexure-1, by learned Sub-Judge 2nd, Ara, whereby prayer for injunction made on behalf of the plaintiffs- petitioners herein in terms of Order 39 Rule 1 and 2 read with section 151 of the Code of Civil Procedure, has been rejected. The petitioners are also aggrieved by the appellate order dated 28th April, 2004 (Annexure-2) passed in Miscellaneous Appeal No. 30 of 2003 by learned Ist Additional District Judge, Bhojpur,Ara, whereby he has dismissed the appeal filed on behalf of the plaintiffs- petitioners herein and has affirmed the original order dated 01.07.2003 passed by the learned trial court. 3. After hearing the matter for some time, learned counsel for the parties have agreed that instead of going into the correctness or otherwise of the orders impugned, it would be appropriate that Title Suit No. 178 of 2003, pending in the court of learned Sub-Judge 2nd, Ara be itself directed to be disposed of within a reasonable time prescribed by this Court and till final disposal of the suit, status quo, as of today, should be directed to be maintained. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a direction to learned trial court (Sub-Judge 2nd, Ara or any transferee court) to 3 dispose of Title Suit No. 178 of 2003 within a period of six months from the date of receipt/production of a copy of this order. Till disposal of the aforesaid title suit, status quo, as obtaining today, shall be maintained by the parties with respect to the suit land. 5. Learned counsels for the parties have assured this Court that the parties shall give full cooperation for early disposal of the suit, particularly within the time prescribed by this Court. However, it goes without saying that if either of the parties makes unnecessary prayer for adjournment, then the trial court shall be free to refuse such prayer and shall be obliged to proceed for disposal of the suit within the time prescribed by this Court. BTiwary/ ( Birendra Prasad Verma, J.)