IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.332 of 2003 ANNUIL HAQUE Versus MD.JAMADAR & ORS ----------- 11 3.7.2008 Heard learned counsel for the Plaintiff-appellant who has challenged the order dated 28.7.2003 passed by First Subordinate Judge, Gopalgunj(Now, Civil Judge,Senior),in Title Suit No.80/2002 whereby and whereunder he has refused the prayer of injunction made on behalf of the plaintiff-appellant. The plaintiff-appellant filed the aforesaid Title Suit No.80/2002 in the court below seeking a decree of his 4/11 share out of the disputed properties detailed in Schedule-2 of the plaint and also sought relief that the defendants-First party had not acquired any title over the disputed lands and as such he had prayed for injunction so as to restrain the defendants from making any alienation with respect to the suit property or for proceeding to dispossess him by virtue of order in Execution Case No.2/1986. No body appears for the Defedndants-respondents. Having considered the facts, circumstances and averments made in the petition as also the grounds stated therein, the trial court is directed to dispose of the case at the earliest by avoiding unnecessary adjournments. Meanwhile, 4/11 extent of share as claimed by the Plaintiff- appellant should be kept in tact and the defendants are, thus, restrained from taking any possession of claimed share of the Plaintiff-appellant to the extent of 4/11 in the aforesaid Title Suit. - 2 - This appeal is, accordingly, disposed of with the aforementioned directions and observations. SKBOSE (Subash Chandra Jha)