IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.124 of 2008
RAM SAKAL SINGH & ORS
Versus
SUDAMA SAH & ORS
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02 08.07.2008 The appellant was the plaintiff and
have got the suit for declaration of title and
confirmation of possession and if not found in
possession for restoration of possession. His
suit has been dismissed and now the appeal going
against the plaintiff-appellant. He has
preferred this second appeal and by this
application for injunction seeks that his
possession be not disturbed during the pendency
of the appeal.
In my view, neither the Trial Court
nor the Appellate Court having given a finding
that the appellant is in possession an
injunction cannot lie. However, as the matter of
possession is in dispute, parties are expected
to maintain status quo till further orders of
this Court.
Trivedi/ (Navaniti Prasad Singh,J.)