SHANTA Vs. JAGDISH PRASAD

JUDGEMENT

(1.) ON earlier occasions Shri J.K. Agnihotri appeared for the non -applicants/plaintiffs. Thereafter Shri Arun Kochar, learned counsel for non -applicants No. 1 to 6 appeared on 6.11.97. This Court ordered that copy of the revision memo be supplied to the counsel. None appears for the non -applicants/plaintiffs today.

(2.) AFTER hearing the learned counsel for the applicant, this Court is of the opinion that no interference is called for in the order passed by the trial Court on the merits of the matter. The applicant claims that out of about 36 acres of land his share would be 1/3rd i.e. 12 acres and if the interim order is allowed to stand, then his interest deserves to be protected by imposing proper conditions. He also submits that if ultimately the suit is dismissed then the petitioner will suffer losses for the whole of the period for which possession is not delivered to him and under the orders of the Appellate Court, the Tahsil Court is not allowed to proceed with the partition.

(3.) THE petition is disposed of.