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Patna High Court - Orders

Shankar Prasad Keshri vs Sri Baijnath Prasad Keshri on 30 November, 2022

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CIVIL MISCELLANEOUS JURISDICTION No.782 of 2022
                 ======================================================
                 Shankar Prasad Keshri Son of Late Nandulal Keshri, Resident of Main Road,
                 Masaurhi, P.O. and P.S.- Masaurhi, District- Patna.

                                                                       ... ... Petitioner/s
                                                     Versus
           1.    Sri Baijnath Prasad Keshri Son of Late Heera Sao, Resident of Sri Ram
                 Enterprises, F/28-29, 1st Floor, Khaitan Market, Birla Mandir Road,
                 Sabjeebagh, Patna, District- Patna.
           2.    Sri Dilip Prasad Keshri Son of Sri Baijnath Prasad Keshri, Resident of
                 Bharat Taxtiles, Kuppepar Market, Ground Floor, Birla Mandir Road,
                 Sabjeebagh, Patna, District- Patna.
           3.    Sri Ramjee Prasad Keshri Son of Sri Baijnath Prasad Keshri, Resident of Sri
                 Ram Enterprises, F/28-29, 1st Floor, Khaitan Market, Birla Mandir Road,
                 Sabjeebagh, Patna, District- Patna.
           4.    Sri Sanjay Prasad Keshri Son of Sri Baijnath Prasad Keshri, Resident of
                 Parvati Synthetics, Kuppepar Market, Ground Floor, Birla Mandir Road,
                 Sabjeebagh, Patna, District- Patna.
           5.    Sri Santosh Prasad Keshri Son of Sri Baijnath Prasad Keshri, Resident of Sri
                 Ram Enterprises, F/28-29, 1st Floor, Khaitan Market, Birla Mandir Road,
                 Sabjeebagh, Patna, District- Patna, permanent resident of Main Road,
                 Masaurhi, P.O. and P.S.- Masaurhi, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Dhirendra Nath Jha
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   30-11-2022

Learned counsel for the petitioner makes a limited prayer before this court and submits that in a suit bearing Title Eviction Suit No. 1 / 2020 filed by the plaintiff, an injunction petition has been filed by the petitioner-plaintiff under Order 39 Rule 1 & 2 read with Section 151 of the C.P.C. for restraining the defendants from selling the suit property. According to the petitioner the defendants are trying to sell out the property Patna High Court C.Misc. No.782 of 2022(2) dt.30-11-2022 2/2 contained in Schedule- 5 of the plaint. The defendants- respondents have filed their show cause -cum- rejoinder to the petition filed by the petitioner under Order 39 Rule 1 & 2 read with Section 151 of the C.P.C. on 24-05-2022.

In view of the fact that injunction petition is pending since 19-05-2022, the learned Munsif, Masaurhi is directed to dispose the injunction petition filed by the petitioner one way or the other in accordance with law within a period of two months from the date of receipt / production of a copy of this order.

With the aforesaid observation and direction the petition stands disposed of.

(Anil Kumar Sinha, J) praful/-

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