IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.196 of 2009 1. BHAGWAN DAS son of Late Mahabir Ram @ Maho Ram, 2. Binay Kumar, 3. Arun Kumar, 4. Shankar Kumar, All sons of Bhagwan Das All are resident of Mohalla- Katra Chowk (Sheikhpura) P.O. & P.S. Sheikhpura, District- Sheikhpura …Defendants/Appellants Versus 1. VIJAY KUMAR 2. Mosst. Maya Devi, 3. Raj Kumar, All sons of Krishna Prasad, 4. Manish Kumar, 5. Prince Kumar both sons of Vijay Kumar, 6. Vivek Kumar (minor son of Dinesh Prasad under guardianship of father Dinesh Kumar) 7. Shivani (minor son of Raj Kumar under guardianship of father Raj Kumar) All are resident of Mohalla- Katra Chowk (Sheikhpura) Ward No.8, P.O. & P.S. Sheikhpura, District- Sheikhpura …Plaintiffs/Respondent 1st set 8. Ganesh Kumar, 9. Sonu Kumar (both minor sons of Arun Kumar under the guardianship of father Arun Kumar) 10. Roshan Kumar (minor son of Vinay Kumar under the guardianship of father Vinay Kumar) 11. Raj Tilak (minor son of Shankar Kumar under the guardianship of father Shankar Kumar) 12. Munna, son of Shankar Kumar (under the guardianship of father Shankar Kumar) 13. Ayodhya Prasad, son of Late Mahabir Ram @ Maho Ram, 14. Tarun Kumar, 15. Ravi Kumar, 16. Uttam Kumar All sons of Ayodhdya Prasad, 17. Nikhil Kumar (Minor son of Tarun Kumar) (Under the guardianship of father Tarun Kumar) 18. Pushkar (minor son of Ravi Kumar) (under the guardianship of father Ravi Kumar) 19. Risav Kumar (minor son of Ravi Kumar) (under the guardianship of father Ravi Kumar) 20. Sadan Lal, son of Late Mahabir Ram @ Maho Ram, 21. Sanjay Kumar, 22. Kunal Kumar both son of Sadan Lal, 23. Sacham, minor son of Sanjay Kumar (under the guardianship of father Sanjay Kumar) 24. Shiv Kumar, minor son of Sanjay Kumar (under the guardianship of father Sanjay Kumar) 25. Madan Lal, 26. Suresh Prasad, both son of Late Dwarika Ram, 27. Pankaj Kumar, 28. Mona, Both son of Madan Lal & - 2 - 29. Krishna Prasad, son of Late Mahabir Ram @ Maho Ram All are resident of Mohalla- Katra Chowk (Sheikhpura) P.O. & P.S. Sheikhpura, District- Sheikhpura …Defendants/Respondents 2nd set ----------- 21/ 13.12.2010 Heard the parties. The appellants-defendants are aggrieved by the order dated 03.02.2009 passed by the Civil Judge, 2nd Court, Senior Division, Sheikhpura, in Title Suit No. 41 of 2008, by which the court below has allowed the injunction on the application of respondent 1st set. The background of the present case is that the Partition Suit was filed by the respondent 1st set claiming that the suit land was joint family property and it should be partitioned. Thereafter they filed an application for injunction. In answer to the said application, the appellants- defendants contested that in fact partition had taken place in the family in year 1964 itself and, therefore, there was no question of further partition in the family. They also contended that after the partition had taken place the brothers went on to acquire further property and sold it off separately as they were absolute owners as per the said partition. The appellants-defendants also contended that they were absolutely in possession of their share as per the partition and there was no question of the defendants-respondents having any right over the same. Unfortunately, the court below did not give any finding on the said issue and merely created doubt on the registered partition deed and passed a vague order restraining of the parties from - 3 - alienating of the suit land. In my view, the order impugned is completely unjustified and deserves to be set aside. In view of such, the order dated 03.02.2009 passed by the Civil Judge, 2nd Court, Senior Division, Sheikhpura, in Title Suit No. 41 of 2008 is hereby set aside. Further direction is given to the court concerned to dispose of the entire suit within a period of next nine months and not to allow any unnecessary adjournments to any of the parties who tries to obstruct the final adjudication. The appeal is allowed. JA/- (Anjana Prakash, J.)