MUKUT BIHARI Vs. CIVIL JUDGE JR DIV BHARATPUR

JUDGEMENT

(1.) MATTER comes up on the application No. 41325 dated 14. 11. 2008 submitted by the respondents for the vacation of the interim order dated 06. 02. 2008.

(2.) IT is submitted that the submission on the application as well as the main petition being identical, the main petition itself may be disposed of.

(3.) DURING the course of hearing, learned counsel for the petitioner pointed out from the impugned order that the learned trial court itself has held that the document (Annexure-1) does not fall within the definition of Family Settlement and Partition Deed. It is submitted that even otherwise, the suit being one for injunction alone based upon possession, the nature of the possession can still be looked into on the basis of the aforesaid document and that document in question may be allowed to be looked into for the collateral purposes in this behalf.