] IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.618 of 2007 SHAILESH KUMAR ROY Versus VIKRAMA RAY & ORS ----------- 3. 10.11.2008 This appeal was heard under Order 41 Rule 11 of the Code of Civil Procedure. This appeal is against the order dated 28.08.2007/29.08.2007 whereby the injunction petition field by the appellant under Order 39 Rule 1 and 2 was rejected by the learned court below. That order was passed in title appeal no. 21 of 2005 which was filed against judgment and decree as passed in title suit no. 04 of 1982, a partition suit wherein the appellant had lost. In the injunction petition a prayer had been made for passing a direction to the respondents restraining them from making any construction over the suit land. A show cause was filed by the respondents who took plea that the concerned suit land over which injunction was made was a residential house and that any construction was not being made on it, but the residential house required some repairing which have been done. The learned court below had also appointed an advocate Commissioner for local inspection of the site and his report was submitted before the court. On consideration of the report and also considering that - 2 - elements of prima facie case, balance of inconvenience and irreparable loss was not fully established it was not a fit case for grant of injunction, hence, prayer was refused. The order of learned court below also shows that the court was alive of the matter of hearing of the appeal being taken up at the earliest. In the facts and circumstances, I find no reason to make any interference in the order of the court below, hence, this appeal is dismissed. The learned counsel for the appellant prays for a direction for early hearing of this appeal. The appellant will pray before the lower appellate court which will consider the prayer for hearing the appeal as soon as possible without giving unnecessary adjournments to parties. (C.M. Prasad, J.) Ravi/-