Record taken up on mentioning being made on behalf of the petitioners.

2. Heard learned counsel for the petitioners. Patna High Court C.Misc. No.781 of 2024(3) dt.25-02-2025 2/3

3. The petitioners are aggrieved by the order dated 29.05.2024 passed by learned Additional District Judge 5 th, Siwan in Misc. Appeal No. 39 of 2023 and also by the order dated 26.09.2023 passed by learned Additional Civil Judge (Senior Division) - XII, Siwan in Title Suit No. 1207 of 2021, whereby and whereunder both the courts refused to grant injunction to the petitioners with regard to the suit property.

4. Learned counsel for the petitioners submits that in Title Suit No. 1207 of 2021, the defendant of the present case namely, Shiv Jee Prasad filed written statement along with other defendants who were heirs/legal representatives of Saryug Nonia, wherein admission was made that the suit property has been purchased by the joint earnings and further this fact has been elaborated by respondent no. 1 Shiv Jee Prasad while deposing as D.W. 14 in Title Suit No. 333 of 1987. Though the learned trial court considered this fact, but finding no urgent need as it observed no fact was brought on record that any construction is going on at the disputed property or that the defendants wanted to sell the suit land and also by observing that the suit relates to partition, the injunction application was rejected. Subsequently, the defendant/respondent no. 1 started executing sale deeds and the petitioners have brought this fact Patna High Court C.Misc. No.781 of 2024(3) dt.25-02-2025 3/3 to the notice of the learned appellate court but the same was not considered by the learned appellate court. Thereafter, during the pendency of the present petition further sale of the suit property has been made by respondent no. 1 claiming it to be his self acquired property.

5. Issue notice to respondent nos. 1 to 5 by both modes, i.e., under ordinary process as well as registered cover with A/D for which requisites etc. must be filed within two weeks, failing which the petition will be dismissed.

6. List this matter on 15.05.2025.

7. Till next date of hearing, the parties are directed to maintain status quo with regard to the suit property and not to alienate or transfer the suit property or to create 3rd party interest in the suit property.

(Arun Kumar Jha, J) DKS/-