MAHINDER SINGH Vs. GANGA RAM

JUDGEMENT

(1.) THIS petition has been directed against the order dated 3rd April, 1997 passed by the Addl. Distt. Judge, Sonepat. By this order, the learned Additional District Judge has confirmed the order dated 18th October, 1996, passed by the Addl. Civil Judge (Sr. Division), Gohana. The learned Addl. Civil Judge, Gohana, has allowed the application filed by the respondent plaintiff under Order 39, Rules 1 and 2 read with Section 151 C. P. C. and has restrained the petitioners/defendants from disposing, alienating, transferring any interest in the assets of the partnership firm M/s Lachhman Industries to anybody till the decision in the main suit.

(2.) MR . Saini, learned counsel appearing on behalf of the petitioners submits that the firm Lachhman Industries was dissolved by the dissolution deed dated 30th October, 1995 and in any case there was a settlement among the members of the family, copy of which is annexure P-2 and in terms of the family settlement, the above-mentioned firm has come to the share of the petitioners. He further submits that the petitioners will be satisfied in case they are permitted to install new machinery for the purpose of running a rice sheller.

(3.) AFTER hearing the learned counsel for the parties and having perused the impugned orders passed by the courts below, I am of the opinion that the contention of both the parties have yet to be gone into by leading evidence by both the parties. It is not disputed by the learned counsel for the petitioners that the new firm Bhagwan Agro has been constituted which consists of family members of petitioner Mahinder Singh. Keeping in view these facts, I do not any illegality or infirmity in the impugned orders passed by the Courts below. Accordingly, the petition which is without merit, is dismissed. However, it is clarified that any observation made hereinabove shall not have any bearing on the merits of the case. The learned trial Court is directed to expedite the disposal of the suit.