Patna High Court - Orders
Raj Kishore Prasad vs Laxmi Chand Prasad Yadav & Ors on 27 July, 2012
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
First Appeal No.161 of 1998
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Raj Kishore Prasad
.... .... Appellant/s
Versus
Laxmi Chand Prasad Yadav & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Pramod Kumar Singh
Mr. Binod Kumar-2
For the Respondent/s : Mr. Surendra Kumar Singh
Mr. Mahesh Prasad-2
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
28 27-07-2012The learned counsel appearing on behalf of the appellant.
This interlocutory application has been filed under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure praying therein that the appellant and respondent 1 st set be restrained from alienating the suit land or its part till the disposal of this appeal. The learned counsel has placed the averments made in para 8 of the application and submits that the appellant and respondent 1st set is ready to sell the part of the suit property and as such the prayer for injunction be granted.
Mr. Pramod Kumar Singh, the learned counsel appearing on behalf of the appellant has pointed out that by order dated 21.05.1998 passed in this appeal both parties have been restrained from alienating the suit properties during the pendency of this appeal without taking prior permission of this Court. Patna High Court FA No.161 of 1998 (28) dt.27-07-2012 2
Thus, it appears that there is already an injunction order in operation in this appeal and the interest of the parties are well protected.
This interlocutory application praying to pass order of injunction again is misconceived and is, accordingly, dismissed.
The office is directed to find out the status of readiness of this appeal for hearing and submit a report within two weeks.
Devendra/- (V. Nath, J)