Petitioners sought a direction to the trial court to decide their two-year-pending injunction application under Order 39 Rule 1 CPC amid fear of suit-property alienation. The court directed the Sub Judge-II, Samastipur to dispose of the application within one month and disposed of the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.666 of 2025
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Versus
Patna High Court C.Misc. No.666 of 2025(2) dt.09-07-2025 2/3
Aloth, P.S - Mushrigharari, District- Samastipur.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shivam, Advocate For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 09-07-2025
Record taken up on mentioning being made on behalf
of the petitioners.
the petitioners limit their prayer only to the extent of seeking direction to the learned trial court to adjudicate and dispose of the application dated 16.10.2023 filed on behalf of the petitioners under Order 39 Rule 1 of the Code of Civil Procedure, 1908 (for short ‘the Code’), which has been pending before the learned Sub Judge-II, Samastipur. Learned counsel further submits that the application has been kept pending for about two years by the learned trial court and meanwhile, there is real danger of alienation of the suit property by the defendants/respondents and during the pendency of the application, one sale deed has been executed by the respondent
Patna High Court C.Misc. No.666 of 2025(2) dt.09-07-2025 3/3
nos. 4 and 5. Learned counsel further submits that even earlier in the year 2021, respondent nos. 3 and 4 have also executed a sale deed during the pendency of the title suit.
(Arun Kumar Jha, J)
Ashish/- U
1 issue framed by the court
Should the trial court be directed to promptly adjudicate the pending injunction application dated 16.10.2023 under Order 39 Rule 1 CPC, given the risk of alienation of the suit property?
1 provisions across 1 enactments
Awadhesh Narayan Roy
Rekha Devi
Jitender Kumar Ray
Mukesh Kumar
Ritesh Kumar
Suchi Kumar
Arun Kumar Jha
As recorded by the court registry
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