IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11432 of 2011 Md.Merajuddin @ Pappu Versus Ram Prasad & Ors ----------- 02. 19.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the Order dated 18.04.2011 passed by learned Sessions Judge, Ara in Misc. Appeal No.25 of 2010 whereby the learned Court below set aside the order passed by the Addl. Munsif IV in Title Suit No.25 of 2009. The learned counsel for the petitioner submitted that the petitioner is in possession of the suit property and has filed this suit for declaring himself as tenant of the State of Bihar and if status quo order is not granted during the pendency of the suit, the defendant shall dispossess the petitioner. From perusal of the impugned order, it appears that the learned trial Court, i.e., the Judicial Magistrate, Ist Class, Ara by terms of order dated 01.07.2010 held that the plaintiff has got no prima facie case and balance of convenience is also not in his favour. However, in the last line, he has 2 directed the parties to maintain status quo during the pendency of the suit. Against that order, the defendants filed the appeal before the lower appellate Court being Misc. Appeal No.25 of 2010. The learned Court below found that the respondent (appellant) who was defendant was given possession in restitution proceeding u/s 144 C.P.C. The learned lower appellate Court also found that panpato contested unsuccessfully upto Hon’ble Apex Court and considered the facts and circumstances of the case regarding first round litigation and came to the conclusion that respondent No.1 is in possession. This finding is finding of fact. The learned trial Court also found that petitioner has got no prima facie case and balance of convenience is not in his favour. I, therefore, find that it is not a fit case for interference in exercise of power under Article 227 of the constitution of India. The finding of fact cannot be interfered with. Therefore, in my opinion, this writ application is devoid of merit. Thus it is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)