IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3208 of 2007 BHOLA SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 29.10.2009 In the instant writ application the petitioner prays for commanding respondent no.4, the House Controller-cum- the Sub- Divisional Magistrate, Muzaffarpur, East, to direct respondent no.5, namely, Shushila Devi for carrying on necessary repair in the house in question and quashing orders contained in Annexures-7,9 and 11 passed by respondents no.4,3 and 2 respectively. The petitioner had filed Title Suit No.79/84 against respondent no.5 for specific performance of contract for execution of sale deed in question. It appears that respondent no.5 also filed eviction suit vide Title Suit No.67/84 in the court of Munsif ( East), Muzaffarpur. The petitioner has taken stand in the aforesaid Title Suit No.67/84 that he is the owner of the suit premises. The Title Suit No.79/84 filed by the petitioner against Shiv Kumari Devi was dismissed for non-prosecution. The petitioner filed Title Appeal No.41/88. The eviction suit filed by respondent no.5 was decreed in part and both the petitioner and respondent no.5 filed eviction appeals no.3/91 and 2/91. Both are pending for final disposal. Learned counsel submits that the land lord filed an injunction petition restraining the petitioner from changing the physical feature of the suit premises which was allowed. The petitioner filed an application before the House Controller-cum-the Sub-Divisional Magistrate, Muzaffarpur ( East ), for a direction to 2 respondent no.5 to carry on repair work or permit the petitioner to repair the house in question which was rejected and the appeal and revision before the Collector also failed. As appeal arises out of Title Suit is pending before the appellate court, I do not find it an appropriate case in which respondent no.5 can be directed to repair the house in question. The petitioner may make prayer for the same before the appellate authority. With the aforesaid observation this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)