C.R.No.2220 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2220 of 2009. Decided on August 11, 2009. Umed Singh .. Petitioner VERSUS Deep Chand and others. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.R.A.Sehoran, Advocate, for the petitioner. M.M.S. BEDI, J. (ORAL) Today none has appeared on behalf of respondent No.1, as such, he is proceeded against ex parte. Vide order dated 02.09.2006, the interim injunction application of the plaintiff-respondent, was dismissed in a suit filed by him for declaration that he is owner in possession of 1/3rd land i.e., 4 kanals 2 marlas out of 12 kanals 6 marlas of land comprised in Killa No.81//12/1(2-9, 13(9-17), in Khewat No.403/374, Khatoni No.460, as per Jamabandi for the year 2002-03, situated in the village Jhojhu Kalan, Tehsil Charkhi Dadri, vide sale deed executed by Sher Singh . . . 1 C.R.No.2220 of 2009 and Dharam Singh. The lower appellate Court vide order dated 25.02.2009, has set aside the order passed by the trial Court, restraining the petitioner from selling land more than his share and taking possession of land more than his share. The defendant- petitioner is successor-in -interest of Sher Singh and Dharam Singh having purchased 2/3rd of the property from them. Plaintiff Deep Chand owns 1/3rd share. The predecessor-in-interest of the petitioner along with proforma respondents had been transferred the rights in 2/3rd of the property in the year 1963. Counsel for the petitioner has submitted that the defendants have no intention to sell the land which was purchased from Sher Singh and Dharam Singh, to the extent of 2/3rd share in the joint property. It is admitted that the property has not been partitioned. So far as restraint order issued against the petitioner that he will not take possession of the land more than his share is concerned, that seems to be a surplusage. This revision petition is disposed of with a direction that parties being co-sharers will maintain status quo regarding possession during the pendency of the suit. The suit will be decided within a period of six months from the date of receipt of copy of this order. (M.M.S.BEDI) JUDGE August 11, 2009. rka . . . 2 C.R.No.2220 of 2009 . . . 3