IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.987 of 2008 S.M. ANWAR HAYAT @ NAWAB ZADA Versus S.M.BABAR HAYAT QUADIRI & ORS ----------- 3 22.7.2008 Heard learned counsel for the parties. There is absolutely no denial in the written statement that there was an existing family arrangement as has been averred in paragraph 5 of the plaint and as such this court does not find any jurisdictional error in the impugned order passed by the lower appellate court granting status quo with regard the suit property in a dispute between brothers and sisters of the family. Paragraph 5 of the plaint reads as follows:- “That on the strength of family Arrangement-cum- Agreement deeds dt 20.6.96, three brothers and two sisters have sold out of their share on different dates and years. The persons who have sold out of their shares are namely i. S.M. Gazanfar Hayat, he has sold his share in the year 1998 to Md Allauddin s/o late Umar Khan of Pakribrawan, Ashraf s/o Hafiz Moin of Pakribarawan and Salam s/o Hanan of Pakribrawan.” The corresponding statement in paragraph 18 of the written statement is to the effect that:- “ That so far allegations made in para 5,6 and 7 are concerned, it is submitted that all alienations have been made by defendant no.1 and considerations received have been utilized by him. The defendant no.1 is not aware of any alienation against his wish nor anyone has ever come before him with any claim. Should any one prefer any claim on the basis of a deed created by someone without consent of defendant no.1 appropriate legal action would be taken against them. Nobody has any share R.S. plot no. 13305 (Aam Bag) and entire claim in this regard is false.” In the opinion of this court the aforementioned uncontroverted specific pleadings of family arrangement was itself good enough to allow the prayer of injunction of the plaintiff petitioner and such order of injunction having no jurisdictional error can not be interfered by this Court in exercise of power under section 115 CPC in the light of judgment of Apex Court in the case of the Managing Director (MIG) Hindustan Aeronautics Ltd. Vs Ajit Prasad Tarway, reported in AIR 1973 SC 76. In that view of the matter, this Court does not find any error in the impugned order. Consequently, this civil revision application is dismissed. shahid (Mihir Kumar Jha,J)