RAJEEV KUMAR S/O SHRI OM PRAKASH, BY CASTE ARORA, RESIDENT OF 23 G BLOCK, SRI GANGANAGAR Vs. MEERAN DEVI W/O SHRI OM PRAKASH, AGED ABOUT 68 YEARS, BY CASTE ARORA, RESIDENT OF 23 G BLOCK, SRI GANGANAGAR

JUDGEMENT

(1.) The matter comes up for consideration of an application (APPLW No. 5135/2016) for early listing of the case.

(2.) With the consent of learned counsel for the parties, this writ petition is heard finally. Hence, the application (APPLW No. 5135/2016) is disposed of. This writ petition has been filed by the petitioner being aggrieved with the order dated 30.04.2016 passed by the Additional District Judge No. 1, Sri Ganganagar (hereinafter referred to as 'the trial court'), whereby the application filed by the petitioner under Order 8, Rule 9 CPC has been dismissed.

(3.) Brief facts of the case are that the respondents filed a suit for partition against the petitioners for a property, description of which mentioned in para No. 4 of the plaint. The petitioners have filed their written statements, in which they have contended that as a matter of fact the property sought to be partitioned has already come into the share of the petitioners on account of family settlement and the same is in possession of them. It is also contended on behalf of the petitioners that the partition suit for a part of the property is not maintainable and the other remaining property are also to be partitioned.