IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6111 of 2011 Lakshman Prasad @ Lachuman Rai Versus The State Of Bihar & Ors 2 5.8.2011 The petitioner is defendant no.4 in Title Suit No.12 of 1950. The plaintiff brought a suit for partition of properties described in the plaint.The petitioner submits that the Title Suit was decreed in part on 30.6.1951 and the matter was ultimately settled by the Hon'ble Apex Court by order dated 15.4.1968 passed in Civil Appeal No.941 of 1965. Learned counsel for the petitioner submits that unfortunately the final decree has not yet been prepared. The petitioner got 1/3rd share in the properties by order of the Hon'ble Apex Court. However, when both the plaintiff and other defendants were disposing of the property, the learned court below by order of injunction dated 25.5.1984, 20.7.1984, 17.9.2010 restrained the plaintiff from making any construction either through himself, agents, associates or confederates or from changing physical feature of the suit property till preparation of the final decree. He further submits that the plaintiff and other defendants are bent upon selling and changing the nature of the land. Learned counsel submits that if injunction order is violated, directions can be issued to police for its observance. In support of his submissions, learned counsel relied upon decisions in the case of N. Karpagam & Ors v. P. Delvanalammal @ Deivathal @ Delvathayee Ammal, reported in A.I.R. 2003 Madras 219; in the case of Sunil Kumar Halder & Ors vs. Nishikanta Bhandari & Ors, reported in A.I.R. 1983 Calcutta 2 KHAN 266 and Saila Roy & Ors vs. Shib Sankar Ghosh @ Ata, reported in 2010(4) CCC 240 (Cal). It goes without saying that the parties to the suit are bound to observe the restraint order passed by the court and any violation of the same cannot be tolerated. By impugned order dated 19.2.2011 the trial court itself has observed that injunction order is itself sufficient enough to produce it before the police for implementation of order of the court. The petitioner can bring the aforesaid fact to the notice of the police officials for the needful if there is violation of the court’s order. The learned trial court would prepare final decree expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)