IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.345 of 2009 MINA JAISWAL Versus LAXMI NARAYAN SAH & ORS. ----------- For the Petitioner: M/s Uday Chandra Prasad, Binod Kumar Sinha & Manoj Kumar, Advocates 4. 24.03.2009 Heard learned counsel for the petitioner. This civil revision application has been filed by the defendant against the order dated 23.6.2007 passed in Misc. Appeal No.4 of 2006 by Additional District Judge- cum- Fast Track Court No.5th by which the appeal of the plaintiff against the order of the trial court dated 20.6.2006 rejecting his petition under Order 39 Rules 1 and 2 of the Code of Civil Procedure has been allowed and the parties have been directed to maintain status quo over the suit property. From the impugned order it appears that the plaintiff has filed the suit against the defendants alleging encroachment over his land bearing R.S. plot no.421. The defendants have denied the same and have asserted that they were in possession over R.S. Plot No.420 which belonged to them upon which they were - 2 - continuously residing. They have claimed that whatever construction or modification was made is confined within the boundary of R.S. plot no.420. As such, the defendant-petitioner has successfully objected to grant of injunction before the trial court on the ground that the plaintiff had no prima facie case. The lower appellate court noticed that the claim of the possession of the plaintiff and the defendants are on distinct plots. The allegations of plaintiffs in regard to encroachment by the defendants on plot no.420 have been denied by the defendants. In that view of the matter, the lower appellate court has allowed the appeal of the plaintiff and has directed the parties to maintain status quo in the matter till disposal of the suit. It is obvious that the plaintiff has no claim over any portion of plot no.420. The defendants do not claim to have acquired any right, title and possession on any portion of Plot No.421. In that view of the matter, the parties have absolute right and they remained in possession and enjoy their respective plots of which they claimed to be owners. In that - 3 - view of the matter, the order of the learned lower appellate court directing the parties to maintain status quo appears to be justified and reasonable. As a result, I do not find any merit in this civil revision application and the application is dismissed. However, the trial court is directed to proceed with the suit expeditiously and make all endeavour to dispose of the suit within one year from today. B.T. (J.N. Singh, J.)