This Miscellaneous Appeal has been filed by the plaintiffs/appellants against the judgment and order dated 06.02.2023 passed by the learned Sub-Judge-VII, Darbhanga in Patna High Court MA No.105 of 2023(16) dt.11-11-2025 2/29 Title Suit No. 163 of 2017 whereby the learned trial court has rejected the injunction petition filed by the plaintiffs/appellants under Order 39 Rule 1 and 2 read with Section 94 and 151 of the Code of Civil Procedure (hereinafter referred as ' CPC ')

2. The plaintiffs/appellants filed injunction petition for restraining the defendants especially defendant no. 1 for making any construction for an Ayurvedic Hospital on the land of the appellants and also for directing them to maintain status quo over the suit land.

3. The plaintiffs/appellants filed Title Suit No. 163 of 2017 for declaration of right and title of the plaintiffs over the suit property mentioned in Schedule-IV which was of Raj Hospital and was/ is never attached with Maharani Rameshwari Institute of Indian Medical Science, Mohanpur, Darbhanga (in brief 'MR Institute, Mohanpur') and was not taken over by the Government vide Notification dated 12.01.1985 and the defendants have no manner of concern with the property and premises of Maharajadhiraj Kameshwar Singh Charitable Trust. It is further prayed that the authority of MR Institute, Mohanpur, directed to vacate the building and premises mentioned in Schedule-I & IV ( as per amended plaint) of the plaint from the illegal possession of MR Institute, Mohanpur. The said property Patna High Court MA No.105 of 2023(16) dt.11-11-2025 3/29 is exclusive property of Maharajadhiraj Kameshwar Singh Charitable Trust and further to declare that the Schedule-III property was given to the MR Institute, Mohanpur through Sanskrit University on loan and the same has to be returned to the plaintiffs by MR Institute, Mohanpur and cost of the suit.

4. The case of the plaintiffs/appellants, in brief, is that the property mentioned in Schedule-I of the plaint was originally owned and possessed by Raj Darbhanga and the same was a raiyati land of Raj Darbhanga. In the year 1878, the then Maharaja of Raj Darbhanga established a hospital over the said property which was commonly known as Raj Hospital for the benefit of Raj employees and common people of Darbhanga. The building of Raj Hospital was damaged due to severe earthquake in the year 1934. In the year 1935, the Raj Hospital was rebuilt by the then Maharaja of Raj Darbhanga. It is further contended that the then Maharaj of Raj Darbhanga Sir Kameshwar Singh Bahadur died but before his demise, he executed his last Will regarding his estate. The functioning of Raj Hospital and the property of Raj Hospital mentioned in Schedule-I of the plaint came in the management of residuary estate of Maharaja Kameshwar Singh and the officials of residuary estate of Maharaja Kameshwar Singh created a Patna High Court MA No.105 of 2023(16) dt.11-11-2025 4/29 charitable trust as per the Will of the said Maharaja and the entire property of Schedule-I of the plaint was handed over to the said charitable trust. It is further pleaded that the trustees of the said Maharajadhiraja Kameshwar Singh Charitable Trust tried to revive the said Raj Hospital in the name and style of Maharajadhiraj Kameshwar Singh Memorial Hospital and Research Centre, Darbhanga (hereinafter referred as "Raj Hospital") and for the smooth functioning of Raj Hospital, an Executive Committee was constituted in which besides some of the descendants of the aforesaid Maharaja, eminent doctors of Darbhanga were also the members.

5. The further case of the plaintiffs is that the aforesaid Will was probated by Hon'ble Kolkata High Court in favour of executor Pandit Laxmikant Jha but thereafter, some family disputes arose between the descendants of Maharaja Kameshwar Singh regarding his Will which was alternatively disposed of by the Apex Court vide family settlement of the year 1987. During the aforesaid family dispute, the Director Health (Indigenous Medicine), Government of Bihar (Defendant No. 6) sent a letter to the Assistant Manager, Raj Darbhanga on 10.11.1978 to give consent for constructing a 30 bed hospital by the Government in the campus of Raj Hospital but the said Patna High Court MA No.105 of 2023(16) dt.11-11-2025 5/29 Assistant Manager refused to give consent by letter dated 17.11.1978 on the plea that after the death of executor Pandit Laxmikant Jha, no consent can be given except the Hon'ble Kolkata High Court who is empowered to appoint the successor of Pandit Laxmikant Jha, who died in the year 1978. On 20.08.1979, the Assistant manager, Raj Darbhanga wrote a letter to the Director of Health Service (Ayurvedic) Bihar, Patna for permitting the Raj Darbhanga to open a full-fledged outdoor dispensary of Ayurvedic with X-ray and Pathological unit, if certain condition is fulfilled by the Government and the same would be opened in the name of Late Maharajdhiraj Sir Kameshwar Singh. However, the Government kept silent on the said matter and finally dropped the aforesaid proposal of opening of Ayurvedic Dispensary in the campus of Raj Hospital and the government did not show any interest. In the year 1990, the Health Minister of Government of Bihar wrote a letter to Maharani of Raj Darbhanga vide letter dated 28.05.1990 requesting therein to cooperate in this regard so that Raj Hospital may be started again. But in response to the said letter, Maharani vide letter dated 07.06.1990 expressed her inability to do so and requested the Health Minister of Bihar to negotiate with the officials of residuary estate of Maharaja Kameshwar Patna High Court MA No.105 of 2023(16) dt.11-11-2025 6/29 Singh. In response to the said letter, the Health Minister expressed his inability to accede her request and stated therein that the officials of the aforesaid residuary estate are holding the properties of charitable trust only and further they are thinking to restart Raj Hospital. It is further case of the plaintiffs that in the year 1992, a charitable trust in terms of order of the Hon'ble Apex Court was created in the name and style of Maharajadhiraj Kameshwar Singh Charitable Trust and a trust deed was also prepared defining the aim and object of the trust etc. and by- laws and the same was duly registered. Thereafter, the trustees of the aforesaid charitable trust restarted the Raj Hospital and the Hospital started to function in normal course and the eminent doctors of the Darbhanga made available themselves for charity work through the aforesaid hospital. The Schedule-1 property is still in the actual physical possession of Raj Hospital through the Trustee of Maharajdhiraj Kameshwar Singh Memorial Charitable Trust and the defendants have or had no manner or concern with the same. Prior to the revival of the said hospital, the trustee had given some of the buildings situated on the portion of land of the aforesaid hospital on rent to some Government offices and LIC office, who used to pay the rent to the aforesaid charitable trust. It is further contended that out of Patna High Court MA No.105 of 2023(16) dt.11-11-2025 7/29 the aforesaid offices, the LIC office had vacated the premises and handed over the key to the said premises to the trustee of the aforesaid charitable trust in the year 2003 and after vacation of the said premises, the local administration requested the trustee vide letter dated 04.12.2003 to let out the said premises for running the Civil Surgeon Office, Darbhanga, on rent which was denied by the trustee.

6. It is further pleaded that the property mentioned in Schedule-II of the plaint originally belonged to the Raj Darbhanga, but the same was transferred to Babu Mukund Jha (since deceased), the brother-in-law of Late Maharaja Kameshwar Singh. The said property is situated at Mohanpur with an area of 9 Bigha 4 katha 9 dhurs. A palatial building was also situated on the said land in which the said Mukund Jha resided along with his family members. Later on, the said Mukund Jha donated the said property to the Governor of Bihar for establishing an Ayurvedic College and Hospital in the name of deceased mother-in-law, Maharani Rameshwari Lata Devi and executed a registered deed of gift dated 17.09.1971 in favour of the Governor of Bihar and the said college and hospital was established on the Schedule-II property in the name and style of MR Institute, Mohanpur and serving Indigenous Patna High Court MA No.105 of 2023(16) dt.11-11-2025 8/29 Medicine (Desi Chikitsa) and functioning under Kameshwar Singh Darbhanga Sanskrit University. On 08.11.1979, the authority of the aforesaid Kameshwar Singh Darbhanga Sanskrit University requested Darbhanga Raj officials to borrow certain hospital equipments and books etc. lying with the Raj Hospital. Details were given in Schedule-III of the plaint. On request of the Sanskrit University, Darbhanga, the required articles were handed over to said MR Institute, Mohanpur through Sanskrit University on 15.03.1980 with a condition that if Raj Hospital is revived and for its proper functioning if the said articles would be required, then on demand by the trustee, the said equipments, books etc. would be returned to the Raj Hospital. With this condition, the said University had accepted the equipments and books.

7. It is further case of the plaintiffs that the aforesaid MR Institute, Mohanpur with hospital situated at Mohanpur, Darbhanga was taken over by the State Government vide notification dated 10.01.1985 and tookover the said institution and lands on which the said institute was running and the same was duly affiliated by the said Kameshwar Singh Darbhanga Sanskrit University. After revival of Raj Hospital, the trustee made their demand to return the aforesaid medical equipments Patna High Court MA No.105 of 2023(16) dt.11-11-2025 9/29 to the competent authority of MR Institute, Mohanpur, but the same was denied by the authority of the aforesaid MR Institute. These trustees have also written letter to the Director, Desi Chikitsa, Bihar, Patna to return the aforesaid medical equipments etc. which were earlier given to MR Institute, Mohanpur, but all went in vain. In the aforesaid circumstances, the trustee of the Maharaja Kameshwar Singh Charitable Trust consented to prefer a writ bearing CWJC No. 8555 of 2002 before the Hon'ble High Court, Patna for a direction to State of Bihar and MR Institute, Mohanpur, Darbhanga to return the Schedule-III property to the trustee of Maharajdhiraj Kameshwar Singh Charitable Trust for smooth running of Raj Hospital which was remanded by the Hon'ble Court before the Commissioner-cum-Secretary, Department of Health, Bihar, Patna with a direction to pass positive order regarding the return of the aforesaid medical equipments, book etc. of Raj Hospital. The Health Commissioner-cum-Secretary had passed an order on 23.06.2005 and dismissed the claim of the plaintiffs/appellants and also held that the property of Raj Hospital had been taken over by the Government in pursuance to the takeover Notification dated 10.01.1985 whereby MR Institute, Mohanpur had been taken over by the State Patna High Court MA No.105 of 2023(16) dt.11-11-2025 10/29 Government and had also directed the authority of MR Institute, Mohanpur to take possession of Raj Hospital with the help of local administration. It is further case of the plaintiffs that Raj Hospital was never part of MR Institute, Mohanpur. The said Raj Hospital was never taken over by the State Government. The MR Institute, Mohanpur, in the garb of aforesaid order dated 23.06.2025, with the help of the local administration, entered into the building of Raj Hospital campus illegally in the year 2005 barged into after breaking the lock of Maharaja Kameshwar Singh Charitable Trust. The property mentioned in Schedule-IV got illegally occupied by the MR Institute, Mohanpur which is the subject matter of the suit.

8. Being aggrieved by the aforesaid illegal action of the MR Institute, Mohanpur , the plaintiffs/appellants preferred a writ application against the order dated 23.06.2025 bearing CWJC No. 13207 of 2008. Once again, the Hon'ble Court remanded the matter to the Principal Secretary-cum- Commissioner Department of Health and family welfare Bihar, Patna and directed respondent no. 1 to file all relevant documents in support of its claim that the the property of Raj Hospital was also taken over vide Notification dated 10.01.1985. This Court also directed the aforesaid authority to Patna High Court MA No.105 of 2023(16) dt.11-11-2025 11/29 dispose of the matter after hearing the parties. The Principal Secretary-cum-Commissioner rejected the representation of the trustee of the Maharaj Kameshwar Singh Charitable Trust without deciding the main dispute that whether the Schedule-IV property of Raj Hospital is attached with MR Institute, Mohanpur and whether the medical equipments were borrowed by MR Institute, Mohanpur from Raj Darbhanga or not. The State Government failed to produce any relevant documents to prove that Schedule-IV property of Raj Hospital became part of MRI Institute, Mohanpur. The members of the aforesaid trust again moved this Court against the order dated 23.06.2005 in CWJC No. 13207 of 2008. After hearing, the matter was again remanded to Principal Secretary-cum-Commissioner Department of Health for passing a fresh and reasoned order within a period of three months. Despite the fact that the said authority failed to file any documents with regard to the Schedule-IV property, the petition of the Trust was dismissed by the Principal Secretary, Department of Health on 07.02.2013. Against the said order, the Trustee of Maharajdhiraj Kameshwar Singh Memorial Trust once again preferred CWJC No. 7950 of 2013 before this Court which was finally heard on 17.09.2016 and liberty was given to the Trustee to agitate their grievance Patna High Court MA No.105 of 2023(16) dt.11-11-2025 12/29 before appropriate forum in accordance with law. Hence, the suit was filed after notice under Section 80 CPC and also the plaintiffs/appellants filed injunction petition under Order 39 Rule 1 & 2 read with Section 94 and 151 CPC on 17.02.2022 for restraining the defendants from making forcible possession over the Schedule-IV lands.

9. Learned senior counsel for the appellants submitted that on summon, the defendants appeared and filed their written statement but have not submitted any paper regarding their title over the suit property. It is further submitted that recently the defendant no. 1 has applied for creation of holding with respect to the property in their name in Darbhanga Municipal Corporation and after knowing the said facts, the plaintiffs have filed their objection on 01.02.2022 and the matter is pending for final adjudication. Thereafter, the defendant no. 1 started duping the local administration as also the Department of Health, Bihar, Patna and trying to get measure the entire property of Raj Hospital by one construction company, Bihar Medical Service and Infrastructure Corporation Limited (In short "BMSICL") without giving any notice to the plaintiffs, who are functioning/residing in the same vicinity with the help of local administration as well as the police personnel. It is further Patna High Court MA No.105 of 2023(16) dt.11-11-2025 13/29 submitted that the defendant no. 1 is adamant to grab the land of the plaintiffs and going to construct an Ayurvedic Hospital on the land of Raj Hospital. In the aforesaid facts and circumstances as well as situation emerged during the pendency of this suit and subsequent development created by the defendants, the plaintiffs were constrained to file injunction petition on 17.02.2022 for restraining the defendants especially defendant no. 1 from making any construction over the suit land and also prayed for a direction to maintain status quo over the suit land.

10. It is further contended that the State Government and its authorities through its agency BMSICL has already published a tender notice inviting a tender for construction of 120 bed capacity Ayurvedic College, 150 bedded Ayurvedic Hospital and other building at Rajkiya Maharani Rameshwari Bhartiya Medical Science Institute at Mohanpur and Kathalbari, Darbhanga, which is evident from notice inviting tender dated 16.03.2022 issued by BMSICL. The said BMSICL treating the campus of Raj Hospital as part of the Institute prepared a plan for construction at the site of Raj Hospital. In view of the aforesaid proposed plan, a meeting presided by Divisional Commissioner, Darbhanga was held on 18.04.2022 wherein the Patna High Court MA No.105 of 2023(16) dt.11-11-2025 14/29 decision was taken for getting the office of Survey Settlement, Darbhanga situated in the campus of Raj Hospital as tenant of the Trust vacated. It is further submitted that the Principal of the Institute was directed to contact BMSICL for renovation of old building of the Institute as well as Raj Hospital treating the Raj Hospital to be attached with the Institute. According to the Principal of the Institute, the land encroachment proceeding was instituted for getting the occupants of Raj Hospital with the permission of authorities of Trust or tenant vacated as if the land and building of Raj Hospital is a public land. Against the encroachment proceedings, the Raj Hospital (Appellant) moved this Court vide CWJC No. 14225 of 2022 and after hearing the parties, the said writ case was disposed of with a liberty to file appeal before competent authority within a period of four weeks from the date of order, status quo existing as on date qua the land/house in question, shall be maintained till the disposal of the appeal to be filed by the petitioners/plaintiffs/appellants. It is further contended that the respondents were bent upon dispossessing the appellants from the possession of land and building of Raj Hospital. It is apparent from the documents brought on record that the institute and the State Government has taken steps for demolishing the entire structure of Raj Patna High Court MA No.105 of 2023(16) dt.11-11-2025 15/29 Hospital causing irreparable loss to the appellants. It is further contended that if the respondents are not restrained from the dispossessing the appellants from taking possession over the land and building of Raj Hospital, they would suffer irreparable injury. It is further contended that it is apparent from the Gazette Notification dated 12.01.1985 taking over the Institute with attached Hospital, there is no whisper about the taking over the plaintiffs' institution or property in Gazette Notification of 1985. The plaintiffs' institution has not been taken over by the Government of Bihar along with the defendants' institution. The action of the authorities or institution is arbitrary and without any title.

11. Learned senior counsel for the appellants submitted that during the pendency of the suit, at the instance of respondents, the authority of the Government through its agency BMSICL has been directed to make construction over the entire premises of Raj Hospital Schedule-I property by changing the nature of the suit property and demolition of the existing structure.

12. Under the aforesaid circumstances, the plaintiffs/appellants filed an amendment petition seeking amendment in suit land by adding Schedule-I of the plaint in Patna High Court MA No.105 of 2023(16) dt.11-11-2025 16/29 addition to Schedule-IV. The said amendment petition was allowed on 17.06.2023. Learned counsel for the appellants submitted that before the order of amendment, the injunction petition dated 17.02.2022 was heard and the court has refused to grant injunction in favour of the plaintiffs/appellants on the ground that the plaintiffs did not have any prima-facie case nor balance of convenience lies in their favour. The learned trial court failed to consider that the land over which the MR Institute, Mohanpur was standing, was not a part of the Raj Hospital. Both existed on different lands and different place about 17 kilometers away from each other. It is also contended that the authorities of the State Government convened a meeting presided by Divisional Commissioner, Darbhanga on 18.04.2022 and took several decisions amongst which at Serial No. 10, it was decided for getting the campus of Raj Hospital at Kameshwar Nagar, Darbhanga for expansion of IPD and OPD. As per the direction of the Divisional Commissioner contained at Serial No. 4, Principal of the MR Institute, Mohanpur (defendant no. 1) was directed to get the campus of Raj Hospital mutated in the name of defendant no. 1. Learned counsel submitted that the learned trial court failed to consider the documents which was filed in support of pleadings to show that Patna High Court MA No.105 of 2023(16) dt.11-11-2025 17/29 Raj Hospital was never attached with the MR Institute (defendant no. 1). On the contrary, the appellants had been dealing with management since its inception. It is relevant to mention that the defendants have not filed any documents to prove that Raj Hospital was attached with the MR Institute (defendant no. 1). The plaintiffs filed several documents in support of their pleadings to show that Raj Hospital belong to Raj Darbhanga and Raj Darbhanga had been exercising its control over the entire premises of Raj Hospital by letting out its building to different organisation and other government officials on monthly rental by making payment of rent and paying rent to the State Government as well as Municipal Corporation. Thus, it is proved that the plaintiffs have good prima-facie case in their favour.

13. Per contra, respondent nos. 1, 3 & 4 to 6 have filed their counter-affidavit separately opposing the prayer for injunction which was dismissed by the trial court and has stated that there is no infirmity in the impugned order.

14. Learned counsel for respondent no. 1 submitted that Babu Mukund Jha, brother-in-law of Late Maharaj Kameshwar Singh has donated the land with an area of 9 Bigha 4 katha 9 dhurs situated at Mohanpur, Darbhanga to the Patna High Court MA No.105 of 2023(16) dt.11-11-2025 18/29 Government of Bihar for establishing an Ayurvedic College and Hospital in the name of deceased mother-in-law, namely, Maharani Rameshwari Devi and executed a registered deed of gift dated 17.09.1971 in favour of Government of Bihar. The Maharani Rameshwari Institute of Indian Medical Science has been established and affiliated with Kameshwar Singh Darbhanga Sanskrit University. A decision was taken by the State Government on 10.11.1978 to establish a 30 bed modern Ayurvedic Hospital in the campus of Raj Darbhanga Hospital if Raj Darbhanga give their consent. The same was communicated to Assistant Manager, Darbhanga Raj for its approval. In response to the said letter, the Assistant Manager, Raj Darbhanga stated that after the death of executor Pandit Laxmikant Jha, nobody is competent to make any transfer either by way of sale or otherwise of the Raj property until the decision of its successor or by the Kolkata High Court where the matter is pending. It is further contended that on 20.08.1979, the Assistant Manager, Raj Darbhanga welcomed the decision of the State Government to establish 30 bed Ayurvedic Hospital and granted their approval vide Letter No. 143 /79 dated 20.08.1979 and stated that the trustee under whose administration the estate is being run, will rather be obliged to Patna High Court MA No.105 of 2023(16) dt.11-11-2025 19/29 the Government of Bihar and particularly the Health Directorate, a modern Ayurvedic college with full-fledged Allophathic outdoor dispensary with X-ray and Pathological Unit be opened in the name of Late Maharaj Kameshwar Singh and the trustee will have no hesitation to hand over the aforesaid premises for such purpose. After approval received from Raj Darbhanga, the then Director (Desi Chiktisa) directed the Vice Chancellor, Kameshwar Singh Sanskrit University to take proper step for establishment of 30 bed Ayurvedic Hospital at Raj Hospital campus vide Memo No. 693 dated 06.11.1979. The Raj Hospital campus had a total area of 10 acres land situated at Raj Campus Kameshwar Nagar, Darbhanga. The said Raj Hospital has become defunct. In the year 1979 with the approval and consent of Darbhanga Raj, a modern hospital was established by the State of Bihar in Raj Hospital Campus in the name of Maharaj Kameshwar Singh Ayurvedic Hospital which was inaugurated by Late Raj Kumar Subheshwar Singh (father of Sriman Kapileshwar Singh) on 24.11.1979. The total assets including land and key of building of Raj Darbhanga Hospital was handed over to Vice Chancellor of Kameshwar Singh Sanskrit University. A 30 bed Ayurvedic Hospital is running in the campus of Raj Hospital since 24.11.1979 till today. The seal Patna High Court MA No.105 of 2023(16) dt.11-11-2025 20/29 and lock of the Raj Hospital was opened before the representative of Raj family. The key of Raj Hospital had been kept by Vice Chancellor of Kameshwar Singh Sanskrit University, Darbhanga. The list of articles were prepared and handed over to MR Institute, Mohanpur (respondent no. 1).

15. Learned counsel for the respondent no. 1 further submitted that MR Institute, Mohanpur, and its attached Hospital i.e. Kameshwar Singh Ayurvedic Hospital situated at Raj Hospital campus, Rajkumarganj, Kameshwar Nagar, Darbhanga was taken over by the Government of Bihar vide Gazette Notification No. 30 dated 12.01.1985. All the assets and liabilities of MR Institute Mohanpur and its attached Hospital vests with State of Bihar with effect from 10.01.1985. The MR Institute and attached Hospital in question was taken over under ordinance and the same was published by a notification in official gazette by an Act called as Bihar Private Medical (Indian System of Medicine) College (Taking Over) Act, 1985 . It is further submitted that the plaintiff/appellant no. 2 and others had filed writ petition before this Court vide CWJC No. 8555 of 2022 with a prayer for directing the respondents to return the medical equipment and book etc. which were borrowed by MR Institute, Mohanpur as the same was required Patna High Court MA No.105 of 2023(16) dt.11-11-2025 21/29 by the plaintiffs' hospital for expansion of outdoor facility. The said writ application was disposed of on 07.07.2023 with a direction to file representation before the respondent no. 5, who shall consider the same and pass a reasoned order. The same was disposed of on 23.06.2005 rejecting the claim of the plaintiffs/appellants. It is further submitted that time and again, the plaintiffs filed writ application before this Court which was lastly dismissed by this Court vide order dated 17.09.2016 passed in CWJC No. 7950 of 2013. Thereafter, the present suit was filed for declaration of title over the suit property directing the authority of MR Institute, Mohanpur to vacate the building and premises details mentioned in Schedule-IV of the plaint. It is apparent from the pleadings in the plaint that the land and building of Raj Hospital campus is in the possession of MR Institute, Mohanpur, so the balance of convenience is in favour of the respondents. The learned trial court has rightly rejected injunction petition of the appellants by the impugned order. It is also submitted that Circle Officer, Sadar, Darbhanga has started an encroachment proceeding over the land in question vide Encroachment Case No. 2 of 2022-23 against 32 encroachers on 07.05.2022. The said Circle Officer vide order dated 27.07.2022 declared all the 32 persons as encroachers. Again, the plaintiffs Patna High Court MA No.105 of 2023(16) dt.11-11-2025 22/29 filed the writ petition before this Court challenging the order dated 27.07.2022 passed by the Circle Officer, Sadar, Darbhanga passed in Encroachment Case No. 2 of 2022-23 which was disposed of with liberty to file appeal before the appropriate authority. The appellant as well as other encroachers filed appeal bearing Encroachment Appeal No. 194 of 2022 and Encroachment Appeal No. 183 of 2022 respectively before the Collector-cum-District Magistrate, Darbhanga. The same was dismissed vide order dated 17.02.2023.

16. Learned counsel for the respondents further submitted that the Government of Bihar through its agency BMSICL, Patna has published notice inviting tender for construction of 120 bedded Ayurvedic College and 150 bedded Ayurvedic Hospital in the campus of Raj Hospital where presently the attached hospital of MR Institute, Mohanpur, is running. The total project cost is about 195.63 crores. It is further contended that Maharaj Kameshwar Singh Ayurvedic Hospital (Raj Hospital) which is attached hospital of MR Institute, Mohanpur is situated at Raj Hospital campus, Kameshwar Nagar, Darbhanga and is running since 24.11.1979 till today. So the balance of convenience is in favour of respondents. It is submitted that in the public interest, the Patna High Court MA No.105 of 2023(16) dt.11-11-2025 23/29 construction and renovation work of public work may not be stayed. The said construction over the disputed land is for the use of general public of the locality. In the interest of larger public interest, the prayer for grant of injunction made by the plaintiffs against the defendants is not tenable in law. Reliance has been placed in the case of Mahadeo Savlaram Shelke v. Pune Municipal Corpn. reported in (1995) 3 SCC 33. The Hon'ble Apex Court has held that "public purpose of removing traffic congestion was sought to be served by acquiring the building for widening the road. By orders of injunction, for 24 years the public purpose was delayed. As a consequence execution of project has been delayed and the costs now stand mounted. The courts in the cases where injunctions are to be granted should necessarily consider the effect on public purpose thereof and also suitably mould the relief. In the event of the plaintiffs losing the suit ultimately, they should necessarily bear the consequences, namely escalation of the cost or the damages, the Corporation suffered on account of injunction issued by the courts". So, in the light of aforesaid direction as well as facts and circumstances of the case, the plaintiffs have no prima-facie case, balance of convenience or irreparable loss for grant of injunction against the respondents. Patna High Court MA No.105 of 2023(16) dt.11-11-2025 24/29

17. Respondent nos. 4 to 6 also filed their counter- affidavit supporting the case of the defendant /respondent no. 1. It is vehemently submitted that neither prima-facie case is in favour of the plaintiffs nor balance of convenience is in favour of appellants and it is an admitted fact that Schedule-IV property in suit is in possession of defendant/respondent no. 1 and the plaintiffs want to create hindrance in the functioning of the MR Institute, Mohanpur. The BMSICL, Patna, which is the autonomous agency of the Health Department, Government of Bihar, has issued NIT for construction of 120 intake capacity Ayurvedic College and 150 bedded Ayurvedic Hospital in the campus of Raj Hospital where, at present, the attached hospital of MR Institute, Mohanpur is running and total cost of the aforesaid project under construction is about 195.63 crores. It is further submitted that the Ayurvedic College and Hospital is presently under construction over Schedule-IV land of the plaint which is in the larger public interest for the benefit of the public living in the surroundings areas. The balance of convenience is in favour of the defendants and hence the prayer for injunction made by the plaintiffs is unsustainable in law. It is further submitted that vide Gazette Notification dated 12.01.1985, the MR Institute, Mohanpur and attached Hospital i.e. Raj Hospital Patna High Court MA No.105 of 2023(16) dt.11-11-2025 25/29 campus, Raj Kumar Kameshwar Nagar, Darbhanga was taken over and all the assets and liabilities of the aforesaid MR Institute, Mohanpur along with its attached hospital vested with the estate of Bihar with effect from 10.01.1985. In the aforesaid facts and circumstances, the Miscellaneous Appeal is without any merit and is liable to be dismissed.

18. Learned counsel for the respondent no. 3 also filed its counter-affidavit supporting the case of the respondent nos. 1 & 4 to 6 and also reiterated the facts and events as pleaded by respondent no. 1 and 4 to 6. Admittedly, Schedule-IV land is in possession of defendant no. 1. The said Schedule-IV land is vested in the State of Bihar vide Gazette Notification dated 12.01.1985 after approval giving by the Assistant Manager, Raj Darbhanga vide Letter No. 143/79 dated 20.08.1979. In the aforesaid facts, the plaintiffs have no prima-facie case and balance of convenience. Therefore, interference with the impugned order is not required.

19. Considering the rival submissions of the parties and materials available on record, it appears that the main question involved in the suit is whether Raj Hospital was attached hospital with MR Institute, Mohanpur and also whether Raj Hospital was taken over along with MR Institute, Mohanpur Patna High Court MA No.105 of 2023(16) dt.11-11-2025 26/29 by the Government of Bihar vide Gazette Notification No. 30 dated 12.01.1985 under Bihar Private Medical (Indian System of Medicine) College (Taking Over Act ), 1985. These issues have to be decided in trial.

20. The question of injunction against respondents could be looked into in the aforesaid facts and circumstances of the case.

21. It is apparent from the case of the parties that the plaintiffs/appellants are not in possession of the Schedule-IV property. The Schedule-IV property is in possession of defendant no. 1. It is apparent from the letter dated 20.08.1979, the Assistant Manager, Raj Darbhanga gave consent to construct 30 bed Ayurvedic Hospital constructed by the State Government and granted approval vide letter no. 143/79 dated 20.08.1979. After getting approval from Darbhanga Raj, an Ayurvedic Hospital was established by the State of Bihar in Raj Hospital campus in the name of Maharaja Kameshwar Singh Ayurvedic Hospital which was inaugurated by Raj Kumar Subheshwar Singh, father of Sriman Kapileshwar Singh (one of the trustees) on 24.11.1979. This fact has been vehemently denied by the plaintiffs/appellants. This question of fact has also to be decided in trial. It is also the case of the plaintiffs that on the request of Patna High Court MA No.105 of 2023(16) dt.11-11-2025 27/29 the authorities of Kameshwar Singh Darbhanga Sanskrit University vide letter dated 08.11.1979, hospital equipments and books etc. were handed over to MR Institute, Mohanpur through Kameshwar Singh Darbhanga Sanskrit University on 15.03.1980. It is admitted fact that the MR Institute with attached hospital was taken over on 12.01.1985. For the first time, the trustees of Maharaja Kameshwar Singh Charitable Trust had preferred CWJC No. 8555 of 2002 before this Court with a prayer for direction to the State of Bihar and MR Institute, Mohanpur to return the articles mentioned in Schedule-III of the plaint to the trustees of Maharajdhiraj Kameshwar Singh Charitable Trust.

22. In the case of Mandali Ranganna Vs. T. Ramachandra , reported in (2008) 11 SCC 1, it has been held that :-

Patna High Court MA No.105 of 2023(16) dt.11-11-2025 28/29

23. Learned counsel for the respondents has rightly relied upon the decision reported in the case of Mahadeo Savlaram Shelke (Supra). The construction of hospital is for the purpose of giving facility to the patient of the locality. The said purpose is for public purpose. It is apparent from the statement of respondent no. 1, the Government of Bihar through its agency BMSICL, Patna had published notice inviting tender for construction of 120 bed Ayurvedic College and 150 bed Ayurvedic Hospital in the campus of Raj Hospital and project cost is about 195.63 crores rupees. However, in the event of plaintiffs/appellants' loosing the suit ultimately, they would unnecessarily bear the consequences, such as, escalation of the cost or the damages and the institute would suffer on account of injunction issued by the courts.

24. Considering the aforesaid facts and circumstances, as discussed above, I am not inclined to interfere with the impugned order dated 06.02.2023 passed by the learned Sub- Judge-VII, Darbhanga in Title Suit No. 163 of 2017.

25. However, the interest of justice would be served if the respondents are permitted to carry out constructions work or dealing with the same, which would be subject to the ultimate decision of the suit and no claim of equity in favour of Patna High Court MA No.105 of 2023(16) dt.11-11-2025 29/29 defendants/respondents shall be considered, if the suit is decreed against the defendants/respondents.

26. Accordingly, this Miscellaneous Appeal is dismissed.

27. Pending interlocutory applications, if any, shall stand disposed of.

(Khatim Reza, J) premchand/-