IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.555 of 2002 DR.JAGAT NARAYAN NAYAK & ANR Versus KARMNATH SINGH THAKUR & ORS ----------- 27 19.9.2008 Heard learned counsel for the appellant. No body appears for the respondents. This appeal is directed against the order dated 7.10.2002 passed by the learned Subordinate Judge-III, Darbhanga, in Title Suit No.5/2001, whereby the prayer made on behalf of the plaintiffs-appellants to restrain the defendants from transferring the suit premises to different persons as also for maintaining status-quo till disposal of the suit, has been rejected. Title suit No.5/2001 was filed for specific performance of contract as well as for permanent injunction. The defendants are in collusion with each others and the defendants in order to harass and put to wrongful loss to the plaintiffs are contemplating by negotiating to different persons to transfer the suit premises inclusive of movables and immovable properties during the pendency of the suit. It has been alleged that defendant nos.2 and 3 received Rs.14,50,000/-(Fourteen lac and fifty thousand) as advance towards the consideration amount for sale of the suit premises from plaintiff nos.1 to 3 So, it is the case of the plaintiffs that on both the grounds balance of convenience .lies in their favour and in case the defendants are not restrained in transferring the suit premises as mentioned above, the plaintiffs will be put to irreparable loss and will have to face multiplicity of suits and proceedings for inclusion of several other parties. In the facts and circumstances of the case, the impugned order is hereby set aside and the court below is directed to dispose of the matter as 2 early as possible preferably within a year from the date of communication of a copy of this order. In the meantime, there should not be any disposal of the suit properties by either of the parties till disposal of the suit. With the aforesaid directions and observations, this appeal is allowed. SKBOSE (Subash Chandra Jha)