THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.199 of 2007 JUDGMENT: This appeal is filed against the order, dated 30.10.2006, passed by the Court of the Principal Senior Civil Judge, Warangal in I.A.No.462 of 2006 in O.S.No.202 of 2006. The appellant is the sole defendant in the suit. The suit was filed for the relief of partition and separate possession of the suit schedule properties. The appellant herein and respondent No.1 are brothers. It was pleaded by the respondents that the appellant is interfering with the structures in H.No.5-3-16, Kothur, Hanmakonda constructed with joint family funds. It was alleged that the appellant herein tried to dig trenches. The trial Court allowed the I.A. through order, dated 30.10.2006. Heard the learned counsel for the appellant and the learned counsel for the respondents. It is brought to the notice of this Court that respondent No.1 died during the pendency of the appeal. It is represented that the applications filed to bring the legal representatives on record are pending before the trial Court, since there was some delay in filing the same. A set of applications is filed before this Court also. However, it is felt that since the matter pertaining to the bringing of legal representatives of respondent No.1 is pending before the trial Court itself, it is not necessary to pass any orders at this stage. Coming to the merits of the matter, filing of an application for injunction in a suit for partition is a rare phenomenon. The possession and enjoyment of the property by each co-owner shall be for the benefit of other co-owners also. Be that as it may, this Court passed an order on 15.03.2007 directing the parties to maintain status quo. The same arrangement can be continued pending disposal of the suit also. Hence, the appeal is partly allowed modifying the order under appeal to the one of status quo pending disposal of the suit. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:28.04.2011 kdl