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Judgment
Aparesh Kumar Singh, CJ
On the apprehension that the plaintiff and defendant No.4 in T.S.(P) No.36 of 2019 would sell off 1/5th share allotted as per judgment and preliminary decree dated 04.12.2023, the defendant No.1/petitioner herein preferred Civil Misc. No.36 of 2024 in the same T.S.(P) No.36 of 2019 with a prayer to pass an order under Section 3 of the Partition Act read with Section 151 of the CPC directing the plaintiff to discuss with the petitioner (defendant No.1) prior to selling her share so that he may purchase the same. The learned trial Court upon hearing the plaintiff and upon consideration of the averments in the said application, however, was of the opinion that no order could be passed under Sections 2 and 3 of the Partition Act since only preliminary decree has been passed declaring the shares of the parties over the suit land and moreover, no application has been received yet for sale of the share of any of the co-sharers. In that way, the application of the defendant No.1/petitioner invoking the provisions of the Partition Act, 1893 was premature. Therefore, learned counsel for the petitioner after some arguments does not press the instant petition with a liberty to approach the learned trial Court, if necessary, at the appropriate time.
Accordingly, the instant revision petition is disposed of as not pressed.
Pending application(s), if any, also stands disposed of.