IN THE HIGH COURT OF JUDICATURE AT PATNA
FA No.207 of 2001
DR. BRAJ KISHORE KUMAR & ORS
Versus
SHREE CHANDRA KISHORE KUMAR &ORS
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49/ 15/7/2008. I.A. No.2554/08 has been filed by the
appellants to stay the sealing and signing of
the final decree.
On 7.2.2002 this Court had stayed the
sealing and signing of the final decree. On
15.2.2005 this Court restrained both sides from
disposing off, alienating, encumbering or
changing the nature, character or user of the
suit property until further orders of this
Court. Simultaneously, this Court after
hearing the counsels for the parties recalled
the order dated 7.2.2002 staying the sealing
and signing of the final decree for considered
reasons. The Court noticed that the parties
were leveling allegations and counter
allegations of sale beyond the shares allotted
to them. That the position would be more clear
after the final decree is prepared, sealed and
signed when either side would seek interim
orders on the final decree. Directions were
then issued for preparation of the final decree
including sealing and signing. The order dated
-2-
15.2.2005 for sealing and signing of the final
decree has attained finality after it was
questioned before the Apex Court which, by its
order dated 11.7.2005, declined to entertain
the same and left it open for the appellant to
seek relief against the final decree.
The issue having attained finality inter
parties, this Court is not persuaded to re-
consider the prayer on grounds already
considered earlier before the order.
Needless to state that the interests of
the appellant shall not be prejudiced in any
manner and shall be adequately protected with
regard to the properties that may be allotted
to them in the final decree in view of the
order of restraint passed earlier on 15.2.2005.
The interlocutory application stands disposed
accordingly reiterating the observations made
in the order dated 15.2.2005 for sealing and
signing of the final decree.
KC ( Navin Sinha,J )