JUDGMENT : SANJAY KUMAR DWIVEDI, J. 1. Heard learned counsel appearing for the appellants. 2. This appeal has been preferred under Order-XLIII Rule-1(r) of the CPC for quashing of the order dated 31.07.2023, passed in Misc. Civil Application Case No. 264 of 2022 [arising out of Original Suit No. 411 of 2021], by the learned Civil Judge-Senior Division-VI, Ranchi, whereby, the petition filed under Order-XXXIX Rules-1 and 2 of the CPC has been rejected by the learned court. 3. Learned counsel appearing for the appellants submits that the suit value is rupees three crores and odd, in view of that this appeal has been preferred before this court, as the pecuniary jurisdiction lies before the High Court. He submits that appellants/plaintiffs have filed Original Title Suit No. 411 of 2021, which was instituted for partition and for the declaration that the suit land is a joint Hindu family property and for declaration of certain sale deeds, which have been executed in favour of respondent Nos. 19 to 25 as null and void. He further submits that during the pendency of the suit, a petition under Order-XXXIX Rules-1 and 2 of the CPC was filed, however, the learned court has erroneously rejected the said petition without considering the prima facie case, balance of convenience and irreparable loss, in view of that the impugned order may kindly be set aside. 4. The court has gone through the order of the learned court dated 31.07.2023. The learned court has found that the matter was sent for mediation, which was not settled and thereafter the file was received on 14.12.2022 and the case was fixed for proposed issues. Issue was framed on 12.05.2023 and thereafter the plaintiffs, who are the appellants herein took many dates for producing the witnesses, in spite of that the witnesses have not been produced. The learned court further found that the suit lands belongs to the common ancestor of the plaintiffs as well as the defendants, which is said to be declared as a family property. The learned court has also found that the subsequent purchasers shall be bound by the fruits of the partition suit and further the learned court has found that the balance of convenience, irreparable loss and prima facie case have not been proved by the appellants, which are the three ingredients of obtaining any order under Order-XXXIX Rules-1 and 2 of the CPC. 5. 5. In view of the above, this court finds that the learned court has rightly passed the said order, as such, there is no merit in this appeal and the same is, hereby, dismissed.