IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1427 of 2006 BIJESHWAR RAM @ VIJAYCHAND RAM & ORS Versus MITHILESH KUMAR & ORS ----------- 3 13.1.2009 Heard counsel for the parties. After some arguments, parties agreed that this civil revision application can be disposed of in view of the consensus amongst them that the defendants-opposite parties who have succeeded before the lower appellate court will not alienate the suit property till the disposal of suit. Mr. Ram Kumar Sharma, learned senior counsel appearing on behalf of the defendants-opposite parties however says that the suit property which has been purchased by the defendants out of their own hard earned money needs to be repaired and for that purpose, the restraint imposed by the trial court restraining the defendants from demolishing suit property being unreasonable, was rightly set aside by the lower appellate court. Mr. Sharma however, would clarify that there is no need to demolish the suit property but at the same time the suit property would require repairs and the defendants being the owner of the suit property may be allowed to carry out the repair at his own cost. This Court sees no difficulty in allowing this part of the prayer of the defendant-opposite parties. That being so, this civil revision application in the light of the aforementioned observations is disposed of. Rsh (Mihir Kumar Jha, J.)