IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.94 of 2007 PRAMOD KUMAR CHOUDHARY Versus NAVIN CHAUDHARY & ORS ----------- 5/ 12.08.2008 Heard the learned counsel for both the sides. It has been submitted on behalf of the appellant that Pramod Kumar Choudhary has been shown as defendant no. 6 in the Title Partition Suit No. 402 of 2004 pending in the court of Sub-Judge-VII, Vaishali at Hazipur. The order under challenge is dated 17.01.2007, whereby and whereunder the petition filed on behalf of the defendant no. 6 Pramod Kumar Choudhary under order 39, Rule 1 and 2 read with Section 151 of the CPC., praying therein to restrain the plaintiffs and defendant Ist set to dispossess him from the disputed land in question by issuing ad interim injunction has been rejected. It has been stated in the impugned order that neither prima facie case is being made out in favour of the defendant no. 6 Pramod Kumar Choudhary nor balance of convenience tilts in his favour nor Navin Kumar @ Navin Kumar Choudhary is going to sustain any irreparable loss. It is stated that a separate suit bearing Title Suit No. 273 of 2004 is also pending in the said court of Sub-Judge-I, Hazipur. The source of acquisition of title is not clear. I do not want to go deep into the matter for the present, in view of the fact that this appellant happens to be an outsider and the property in question is said to have been purchased in his name much - 2 - earlier by way of benami transaction and plaintiffs in the court below have already examined all their witnesses. The present appellant is directed to assist the trial court so as to facilitate the early disposal of the suit in question which is also manifest from the order no. 3 dated 17.01.2008 passed in this appeal. So, the appeal in question is disposed of with a direction to the court below to conclude the trial preferably within two months from the date of communication/receipt of the copy of this order and the appellant should assist in disposal of the case. No further adjournment should be given by the trial court in hearing of the case. With the aforementioned observations, this appeal is disposed of. Sanjeet (Subash Chandra Jha, J.)