RAJINDER SINGH SAINI Vs. SH KARAMVIR SAINI

JUDGEMENT

(1.) CM No. 10213/2015 (Exemption) Allowed, subject to all just exceptions. CM(M) 525/2015 and CM No. 10120/2015 (Stay)

(2.) AGGRIEVED by the order dated 31st March, 2015 whereby the application of the Petitioner under Order XXII Rule 26 read with Order XXXIX Rule 1 and 2 was dismissed with a cost of Rs.10,000/ -, the Petitioner prefers the present petition.

(3.) A suit was filed by Karamvir Saini and others against the Petitioners, that is, Rajinder Singh Saini, Vir Singh Saini, Smt. Vijay Laxmi, Smt. Usha, Smt. Santosh, Smt. Alka, Dharamvir Saini, Nand Lal Saini, Hukum Singh Saini, Tina Saini, Rishal Singh and Sardar Singh seeking partition and permanent injunction. In the said suit the Petitioner who was Defendant No. 1 objected to the partition and claimed that he was owner of the suit property along with the super structure. On the pleadings of the parties, the following issues were settled vide order dated 27th April, 2004: