Patna High Court
Imran Sabir BaigversusMirza Qaisar Baig @ Qaisar Baig
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appellant is granted liberty to withdraw the petition, and the appeal is disposed of.
Summary
The appellant, Imran Sabir Baig, filed a miscellaneous appeal against an order dated 6 May 2024 of the Sub‑Judge‑I, Darbhanga, which had dismissed a petition filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC seeking an injunction to maintain status‑quo over the suit property in Partition Suit No. 62/2021. The appellant sought to set aside that order and requested liberty to withdraw the petition and approach the appropriate authority. The Patna High Court considered whether the lower court’s refusal to grant the injunction could be interfered with and whether the appellant could be permitted to withdraw the petition. The Court held that the appellant could be granted liberty to withdraw the petition and consequently disposed of the appeal. The order of the Sub‑Judge was not set aside; the appeal was closed after granting the requested liberty.
Issues considered
- Whether the order rejecting the petition for injunction under Order XXXIX Rules 1 and 2 read with Section 151 CPC can be set aside
- Whether the appellant can be granted liberty to withdraw the petition and approach the appropriate authority
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1, Order XXXIX Rule 2, Section 151
Subjects
- partition suit
- injunction
- civil procedure code
- order xxxix
- section 151
- appeal
- liberty to withdraw petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.569 of 2025
In
CIVIL MISCELLANEOUS JURISDICTION No.746 of 2024
======================================================
Imran Sabir Baig Son of Late Sabir Baig, Resident of Village - Madhpur, P.O.
- Tektar, .S. Kamtaul, District- Darbhanga.
... ... Appellant/s
Versus
1. Mirza Qaisar Baig @ Qaisar Baig C/o Baig Construction Company, 46,
Casis Beside Rizwan Flat near Son Pharma, Gadaldija Road, Vadodra -
390012.
2. Mirza Jahangir Baig Son of Late Abdul Mannan Baig, Resident of Village -
Madhpur, P.O. Tektar, P.S. Kamtaul, District- Darbhanga.
3. Mirza Asgar Baig Son of late Abdul Mannan Baig Resident of Village -
Madhpur, P.O. Tektar, P.S. Kamtaul, District- Darbhanga.
4. Mr. Asmat Aara D/o Late Mannan Baig wife of Mohammad Saifullah,
Resident of Village/Mohalla - Shekhu Chakia, P.S. Bara Chakia, District-
East Champaran.
5. Bibi Munni alias Saiyada Khatoon Wife of Late Mirza Mazhar Baig
Resident of Jamani Pali, Lata Kharpush Palav Colony, House No. 60, Saru
Mangala Mansi, infront of Korba Chhatisgarh Pin Code - 495150.
6. Mirza Masoom Baig alias Altamash Baigh Son of Late Mirsza Mazhar Baig
Resident of Jamani Pali, Lata Kharpush Palav Colony, House No. 60, Saru
Mangala Mansi, infront of Korba Chhatisgarh Pin Code - 495150.
7. Zeba D/o Late Mazhar Baigh C/o late Mazhar Baig, Resident of Jamani Pali,
Lata Kharpush Palav Colony, House No. 60, Saru Mangala Mansi, infront of
Korba Chhatisgarh Pin Code - 495150.
8. Afzal Sabir Baig Son of Late Sabir Baig, Resident of Village - Pardoai
Gram, P.O. Faljharpur, District- Durgapur (W.B.), Pin Code - 713206.
9. Mohammad Amjad Baig C/o Sultan Ashraf, Son of late Sabir Baig, Resident
of Mungeri Ganj, Near Kachahri Masjid, Sultan Ashraf, Flat No. 201, P.O.
Begusarai, District- Begusarai, Pin Code - 851101.
10. Arfin Baig C/o Arshiya Zareen, Son of late Sabir Baig, Resident of R- 168,
2nd Floor, Gali No. 6, Mannat Apartment (near Hari Masjid Batla House)
Okhala, New Delhi - 110025.
11. Thakkar Yadav Son of late Mahabir Yadav Resident of Village and P.O.
Madhpur, P.S. Kamtaul, District- Darbhanga.
12. Ramana Khatoon alias Rumara Khatoon Wife of Jahangir Baig, Resident of
Village - Madhpur, P.O. - Madhpur, P.S. Kamtaul, District- Darbhanga.
13. Akhtar Jat Son of Hasan Jat Resident of Village - Madhpur, P.O. - Tarkar,
P.S. Kamtaul, District- Darbhanga.
14. Rudal Sahni Son of Jhapsi Sahni Resident of Village - Madhpur, P.O. -
Tarkar, P.S. Kamtaul, District- Darbhanga.
15. Jahan Ara Rehan D/o Late Sabir baig, Wife of Saiyed Rahman Alam
Patna High Court MA No.569 of 2025(3) dt.27-01-2026
2/3
Resident of Mohalla - Ujain, Tola Shanti Nagar, P.O. - Bettiah, P.S. - Town
Motihari, District- West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Majid Mahboob Khan, Advocate
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 27-01-2026 Heard the parties.
2. The present appeal has been preferred for the
following relief(s):
“the miscellaneous appeal is directed for
set aside the order dated 06.05.2024 passed by
learned Sub. Judge-I, Darbhanga in Partition Suit
No. 62/2021 by which the petition dated
16.02.2024 filed on behalf of the plaintiff under
Order XXXIX Rule 1 and 2 read with section 151 of
C.P.C. was rejected and refused to grant of
injunction restraining the defendants to maintain
status quo over the suit property till the disposal of
the suit.”
3. Mr. Majid Mahboob Khan, learned counsel for the
petitioner prays for withdrawal of the petition with liberty to
approach appropriate authority.
4. Granting said liberty, the present appeal stands
Patna High Court MA No.569 of 2025(3) dt.27-01-2026
3/3
disposed of.
5. Needless to add, the Court concerned shall take into
account that the petition was pending before this Court while
dealing with the limitation petition.
(Rajiv Roy, J)
Adnan/-
U
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