IN THE HIGH COURT OF JUDICATURE AT PATNA
M.J.C. No.4017 of 2010
DEEPAK KUMAR MISHRA & ANR.
Versus
SMT. ASHA MISHRA & ORS.
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/3/ 6 October Heard learned counsel for the parties.
2010
2. This M.J.C. petition has been filed for
restoration of M.A. No. 256 of 2004, which has been
dismissed in default due to non-appearance.
3. This M.J.C. petition (M.J.C. No. 4017 of 2010)
has been filed followed with a supplementary affidavit and
it has been asserted that in the Miscellaneous Appeal at the
very outset by order, dated 11.08.2004, the parties were
prohibited by an ad interim order of injunction from
alienating, disposing off or in any way encumbering or
changing the nature and character of the suit property till
further orders and, further, by order, dated 14.07.2009, in
the changed circumstance when the property sold to
respondents 8 and 9, it was ordered that ad interim
injunction granted on 11.08.2004 shall apply to this newly
added respondents also and respondents 8 and 9 are also
party in M.J.C. petition and, hence, pray that since there was
order of ad interim injunction in the Miscellaneous Appeal,
however, after the dismissal in default the M.J.C. petition
2
has been filed and when copy served to the learned counsel
for the respondents, the learned counsel refused to take the
copy on the plea that he has returned the file to the party.
The learned counsel intimated on the same day.
4. Having regard to the facts and circumstances of
the case, since, Miscellaneous Appeal was dismissed in
default and in Miscellaneous Appeal an order of ad interim
injunction was in existence, hence, the parties are hereby
prohibited by an order of ad interim injunction from
alienating, disposing off or in any way encumbering or
changing the nature and character of the suit property until
the appearance of respondents and filing show cause till
further orders.
5. Issue notice to the opposite parties in the
interim petition be sent through special messenger, at the
costs of the petitioners, to show cause why the ad interim
injunction order be not confirmed for which requisites etc.
must be filed within three days.
( Gopal Prasad, J. )
S.A.