PRAWIND KUMAR RASTOGI Vs. SHEO SHANKAR PRASAD RASTOGI

JUDGEMENT

(1.) BOTH the writ petitions are arisen out of the order dated 11.2.2010, passed by the learned Sub Judge -I, Chatra in Partition Suit No. 20 of 2008, whereby the court -below after careful consideration of the facts and circumstances involved in the matter passed following interim order : " I feel inclined to pass an equitable order to meet the ends of justice and accordingly, I direct defendant No.6 to make payment of rent to the defendant No.3 by depositing the same in the bank account of State Bank of India or in a nationalised Bank in the name of defendant No.3 as per lease deed. Defendant No.3 shall have liberty to withdraw 50% amount of monthly rent deposited by defendant No.6. The rest amount of 50% shall be withdrawn after final decision of the suit. Therefore, defendant No.3 is directed to open a bank account either in S.B.I, Chatra or in any nationalised bank especially for depositing the rent by the defendant No.6 and he will sworn an affidavit stating therein that he will withdraw only 50% amount of the monthly rent accrued through leased deed and he shall file copy of the same along with an undertaking in the bank. Defendant No.3 is further directed to make undertaking that he will be liable in person with regard to the amount withdrawn in shape of rent from defendant No.6 in accordance with the result of the suit".

(2.) IT appears that plaintiff as well as defendant of Partition Suit No. 20 of 2008 have filed petitions before this Court. In W.P.(C) No. 1536 of 2010 after preliminary hearing of the said writ petition, this Court has stayed the impugned order dated 11.2.2010. Thereafter, W.P.(C) No. 4039 of 2010 came to be filed on 17.8.2010 and after preliminary hearing of the said writ petition, the petitioner was permitted to withdraw 50% of the amount already deposited in the bank and the same arrangement was ordered to be continued till further order.

(3.) IT appears that in W.P.(C) No. 1536 of 2010 the order passed by the court -below permitting withdrawal of 50% of the amount, which has been deposited in the bank has been stayed by this Court. Subsequently, on filing of a petition by the petitioner of W.P.(C) No. 4039 of 2010, permission for withdrawal was granted. It appears that in the suit the plaintiff is claiming one -fifth share and in the said suit the defendant Nos. 2 & 3 have filed written statement wherein they have jointly claimed their share in the suit property. Therefore, the interim order is required to be passed in such a manner whereby the interest of the parties can be safeguarded during the pendency of the suit.