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Judgment
N.S. Ravi, Member.
This is a revision preferred against the interim order dated 2472003 passed by S.D.O. Jhansi, in a partition suit Bearing No. 40 of 20002001. By the impugned order the learned S.D.O. has restrained the respondent revisionist from disposing of plots otherwise alienating the property in dispute till the disposal of the case.
The learned Advocate has drawn my attention to the certified copy of the order sheet of the lower Court''s case file wherein on 1972003 the case was fixed for evidence for 3072003 and again on 3072003 the case was adjourned to 2082003. Meanwhile on an application of the plaintiff respondent Ajay Sood which was moved on 2472003 wherein it was requested that the respondent revisionist be restrained from disposing of the property in dispute and from the copy of the application it is evident that on 2472003 without affording an opportunity to the respondent revisionist the lower Court passed the interim order. The learned Advocate has placed reliance on the order passed by the Hon''ble Member Sri Dr. J. B. Sinha, in Revision No. 96 of 9697 dated 812003 wherein it has been laid down that in a partition suit under Section 176 of the U.P.Z.A. and L.R. Act there is no provision for passing any interim injunction order.
In the circumstances of the case and in the interest of justice the interim order passed by the learned lower Court dated 2472003 is set aside with a direction that the case be decided after giving full opportunity of being heard to both the parites within three months.
Revision allowed.