IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.208 of 2007 .TULSI DEVI & ORS ----------- Smt. Shila Devi, wife of Shri Ram Ratan Bhagat and daughter of Late Jagmohani Bhagat and grand daughter of late Govind Bhagat, resident of village Kharkhura, P.S. Delha Town, P.O. and District Gaya. …Plaintiff-Respondent-Petitioner Versus 1. Smt. Tulsi Devi, wife of late Daya Shankar Bhagat, and daughter in-law of late Govind Bhagat, resident of village Kharkhura, P.S. Delha Town, P.O. and District Gaya. …Defendant-Appellant-Opposite Party 2. Shri Sudarshan Bhagat, son of late Jag Mohan Bhagat and grand son of late Govind Bhagat, resident of village Kharkhura, P.S. Delha Town, P.O. and District Gaya. 3. Smt. Kailash Devi, wife of late Jag Mohan Bhagat (deceased ) 4. Mahadeo Singh, son of late Raghu Nath Singh 4A. Mahadeo Singh 4B. Pravin Kumar Both sons of Makdeo Singh and grandsons of Jag Mohan Bhagat All residents of village Kharkhura, P.S. Delha Town, P.O. and District Gaya. 5. Smt Belli Devi, wife of Shri Vijay Prasad and daughter of Jag Mohan Bhagat, resident of village Tekari, P.O. Tekari, P.S. Tekari, District Gaya. 6. Sudarshan Prasad alias Darshan Prasad, son of Darshan Bhagat 6A. Sikandar Prasad. 6B. Sanjay Prasad 6C. Buttu Kumar alias Butta 6D. Chutru Kumar 6E. Ranjan Kumar 6F. Reena Devi, wife of Shiv Kumar Mahto. All sons and daughter of Sudarshan Prasad alias Darshan Prasad, residents of village Baidarebad, P.O. Baidrabad, P.S. Baidarabad, District Arbai. 7. Smt. Gouri Devi, wife of Kripal Singh, resident of village Faijabad, P.O. Faijabad, P.S. Faijabad, District Faijabad. …. Defendaqnts-Respondents. . …… For the Petitioner : M/s Ram Bali Jha and J.P. Sharma,Advocates For the Opp. Parties: None. ----- 03/ 07.07.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the sole plaintiff-respondent-petitioner challenging order dated 11.12.2006, 2 by which the learned Additional District Judge-cum-Fast Track Court-2, Gaya and Misc. Appeal No.1 of 2006(2 of 2006) set aside order dated 23.12.2005 passed by learned Subordinate Judge-I, Gaya, allowing injunction petition of the plaintiff and directing maintenance of status quo over the suit land of Partition Suit No. 270 of 2003. 3. It transpires that in the year 2003, the plaintiff- petitioner had filed the said suit for partition of her share in the suit property and for other ancillary reliefs. While the said suit was pending, the plaintiff filed an injunction application on 26.05.2004 under the provision of Order XXXIX Rules 1 and 2 read with section 151 of the Code of Civil Procedure for restraining the respondents from alienating the suit property. The said injunction application of the plaintiff was allowed by order dated 23.12.2005 and both the parties were directed to maintain status quo with respect to the suit land. 4. Against the aforesaid order of the trial court passed on the plaintiff’s injunction petition, the defendant-appellant- opposite party no.1 filed Misc. Appeal No. 01/ 2006 (2/ 2006 ). After hearing the parties, the learned appellate court allowed the misc. appeal and set aside the order of the trial court in injunction matter, holding that no loss will be caused to the plaintiff if the defendant deals with the properties allotted in her share fallen in the takhta of the defendant in earlier Partition Suit No. 28 of 1961, in which final decree has already been prepared. Against the aforesaid 3 order of the appellate court, the instant civil revision has been filed. 5. The law has already been settled in this regard by the Hon’ble Apex Court in case of Surya Dev Rai vrs Ram Chander Rai and others, reported in (2003)6 S.C.C. 675, in which it has been specifically held that after amendment of 1999, no revision against the order disposing of an appeal against the order of the trial court whether confirming, reversing or modifying the order of injunction of the trial court shall lie. 6. In the said circumstances, this civil revision is dismissed. MPS/ ( S. N. Hussain, J. )