KRISHAN LAL GANDHI Vs. RAJENDER PRASAD

JUDGEMENT

(1.) This appeal is directed against the order dated 16th September, 2005 passed by the learned Single Judge whereby application IA No.1992/2004 filed by the appellant herein under Order 39 Rules 1 and 2 of the CPC was disposed of with certain directions.

(2.) By the same order, four issues in the suit were also framed. It was directed that the list of witnesses shall be filed by the parties with further directions to the plaintiff in the suit to file affidavits for examination in chief.

(3.) The respondent herein is admittedly in possession of one room of the aforesaid property, which is claimed to be an ancestral property and on the above premise suit for partition has been filed. It is claimed that the property being ancestral property is liable to be partitioned by meets and bounds amongst the co-sharers. Learned counsel for the appellant contends inter alia that property being ancestral property, an interim injunction should have been granted directing parties to maintain status quo and restricting all parties from dealing with the same.