Ajay Kumar Sinha @ Ajay Kumar Singh v. Smt.Shobha Devi @ Kumari Mundar

Smt. Shobha Devi @ Kumari Mundar, W/o Ajay Kumar Sinha 2. Amt Kumar @ Mintu Kumar 3. Pintu Kumar @ Amit Kumar Both minor sons of Ajay Kumar Sinha, under the guardianship of their mother Smt. Shobha Devi 4. Nibha Kumari @ Madhuri Kumari, W/o Anil Kumar and daughter of Ajay Kumar Sinha All resident of Mohalla-Gopapar, Main Road, P.S. Danapur, District-Patna at present residing at village and P.O. Keora, P.S. Punpun, District- Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. B.N.P.Singh For the Respondent/s : Mr. Durga Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

01-11-2012 Heard Mr. B.N.P. Singh, learned counsel appearing on behalf of the petitioner. The petitioner is aggrieved by the order dated 17.08.2009 passed by learned Additional District Judge-X, Patna, whereby the learned lower appellate court has been pleased to dismiss the Miscellaneous Appeal No. 31 of 2008 preferred by the petitioner questioning the order dated 21.06.2008 passed by learned Sub Judge-I, Danapur in Partition Suit No. 20 of 2005 requiring the parties to maintain status quo on an application filed by the plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure read with Section 151 thereof. Patna High Court CWJC No.5786 of 2012 (3) dt.01-11-2012 2 The only plea taken by the petitioner to question the orders impugned is that there is no property remaining with the petitioner, against which the order could be passed. Whether or not the property remains on which the order is applicable is a subject matter of trial and this Court would not express any opinion thereon. There being a concurrent finding by the courts of fact on the issue of injunction, this Court in exercise of powers under Article 227 would not interfere with the same. Even going by the submission of learned counsel, the order of status quo cannot act prejudicial to the interest of the petitioner. That being the position, no interference is called for in the orders impugned and this application is accordingly disposed of. S.Sb/- (Jyoti Saran, J)