IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.106 of 2005 RAM SUMER PANDEY & ORS Versus RAMESHWAR PANDEY & ORS For the Appellants : Mr. Shashi Shekhar Dwivedi, Sr. Advocate Mr. Ravi Shankar Dwivedi, Advocate. Mr. Ranjan Kr. Dubey, Advocate For the Respondents : Mr. Dhruv Kumar, Sr. Advocate. ----------- 13/ 19.09.2008 This Misc. Appeal is directed against the order dated 24.01.2005 passed by Sub-ordinate Judge-III, Sasaram, in Title Suit No. 221 of 2003, wherein he has refused the application of the appellants/plaintiffs filed under Order 39 Rule 1 and 2 of the C.P.C., praying therein to restrain the respondents/defendants from alienating or encumbering any of the suit properties till pendency of the partition suit. Heard learned counsel of both the sides. After hearing them, with their consent, this order is passed that the trial court will take up the matter for deciding the suit within six months from the date of receipt/communication of this order for which both sides will render all due assistance to the trial court so that in the trial court, each of the plaintiffs/defendants will produce and examine all their witnesses in such a way so that their recording of evidence could be completed within two months from the date of commencing of hearing. Defendant will also produce the witnesses in such a way so that all such witnesses could be examined and discharged in two months. So, in this way, recording of evidence of all the witnesses of both sides could be completed within four months, - 2 - and, thereafter, they will take about fifteen days in arranging their respective briefs and then there shall not be more than a month in concluding the argument of both sides, whereafter the judgment should be pronounced preferably within a fortnight or a month as the case may be, excluding the period of Puja Vacation and X-mas Vacation. In the meantime, defendants/respondents will not alienate or create any document in respect of the suit properties so as to complicate the matter. With the aforesaid observations, this Misc. Appeal is accordingly disposed of. If either of the parties feels necessity of selling such properties, they may file a petition to seek permission from the court. Sanjeet (Subash Chandra Jha, J.)