IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1439 of 2010 Date of Decision : 13.09.2010 Randhir Singh ... Petitioner Versus Ravi Kumar Gupta & others ... Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Shiv Kumar, Advocate for the petitioner. Mr. Manoj Sood, Advocate for the respondents. *** HEMANT GUPTA, J. (Oral) The defendant is in revision petition against the order dated 16.01.2010 passed by learned Addl. District Judge, Faridabad whereby both the parties were directed to maintain status quo regarding nature as well as possession of the suit land. The learned First Appellate Court while granting order of status quo has returned a finding that partition proceedings appears to be illegal. The plaintiffs No.1 to 3 purchased the land measuring 1376 sq. yards from defendants No.3 & 4 vide sale deed dated 20.04.2007 whereas plaintiffs No.4 & 5 purchased another land measuring 1388 sq. yards from defendants No.3 & 4 vide sale deed dated 17.05.2007. It is a case of the defendant that the suit of partition in respect of total land is pending before the Commissioner, Gurgaon Division, Gurgaon. Learned counsel for the petitioner has argued that since parties are before the Commissioner, any finding in respect of partition will prejudice their right even and that the status quo can be allowed subject to the rights of the parties in the partition proceedings. The CR No.1439 of 2010 -2- said argument of the learned counsel for the petitioner cannot be disputed by the learned counsel for the respondent. Therefore, the instant revision petition is disposed of that the finding regarding the partition proceedings are illegal, shall not be taken into consideration by the learned Commissioner, Gurgaon Division, Gurgaon while deciding the partition proceedings of the land. The order of status quo passed by the Civil Court is maintained but it shall be subject to the order, which may be passed by the competent authority in partition proceedings. Civil revision stands disposed of accordingly. 13.09.2010 (HEMANT GUPTA) sonia JUDGE