IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3254 of 2005 UMESH SINGH son of late Rameshwar Singh, R/o village Ababakkarpur,P.S. Tajpur ( Bangra) ,District –Samastipur ….(plaintiff) Petitioner Versus 1. RATNESH SINGH 2. Binod Singh, both sons of Tapeshwar Singh ….(defendant Ist Set)….Respondent Ist Set. 3. Sumitra Devi wife of Baleshwar Singh (defendant 2nd Set)…Respondent 2nd Set. All 1 to 3, Resident of village Balokar Singh, P.S. Tajpur, District Samastipur………………………………Respondents. ----------- 4 20.05.2011 Heard learned counsel for the petitioner. 2. The petitioner has approached this Court by filing the present writ petition questioning the validity and legality of order dated 9.9.2004 passed by the learned 3rd Additional District Judge, Samastipur, in Miscellaneous Appeal No. 15 of 2000 (Annexure-4), whereby he has affirmed the order dated 11.9.2000 passed in Title Suit No. 51 of 1996, by learned Munsif Ist, Samastipur rejecting the prayer of the plaintiff –petitioner for grant of injunction, and has dismissed the aforesaid appeal filed on behalf of the petitioner . 3. On the basis of the materials available on record, this Court finds that Title Suit was filed as far back as in the year 1996 and prayer for injunction made on behalf of the plaintiff- petitioner has been rejected by the learned trial court as also by learned lower appellate court by recording a concurrent findings of facts. After passage of almost 15 years, this court is not inclined to disturb the findings of facts recorded by the learned two courts below by issuing an order of injunction in favour of 2 the plaintiff-petitioner. However, interest of justice will be sub served, if the suit itself is directed to be disposed of within a reasonable period of time and in the meantime, parties are directed to maintain status quo as obtaining today with respect to the suit property. 4. Accordingly, learned trial court is directed to take up Title Suit No.51 of 1996, pending in the court of learned Munsif Ist, Samastipur, on priority basis and all endeavour should be made to dispose it of the same at an earliest possible time. The suit must be disposed of positively within a period of one year from the date of receipt/production of a copy of this order. 5. In the meantime, till final disposal of the suit, status quo as obtaining today ,shall be maintained by the parties with respect to the suit properties. 6. With the aforesaid observations and directions, the writ petition strands disposed of. Rahman/ ( Birendra Prasad Verma, J.)