ASHOK REKHI Vs. CHANDA BHASIN

JUDGEMENT

(1.) THIS present application is filed by the plaintiff under section 151 of the Code of Civil Procedure 1908, seeking direction from this Court to execute the fencing work at Emily Cottage, Ayarpatta, Mallital, Nainital, U.P. (now Uttarakhand). If required, with the assistance of District Magistrate and Police, Nainital and also prays for an ex-parte ad interim order for the same. Apart from this application, one suit is filed for partition and injunction. The other suit for grant of probate, bearing No. 52/2006 is also pending adjudication before this Court.

(2.) THE plaintiff states that during pendency of the suit, this Court had passed an order dated 12.02.2007, wherein this Court was pleased to direct fencing work of the unsold portion of the property situated at Emily Cottage, Ayarpatta, Mallital, Nainital, U.P. (now Uttarakhand).

(3.) THE SDM, Nainital, issued direction to Kanungo and Amin for requisite steps. THE plaintiff erected a board and laid initial foundation for erection of iron pillars.