C.R. No. 877 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 877 of 2009 Date of Decision : 5.8.2009 Om Pati & another .......... Petitioner Versus Mai Chand & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Sudhir Aggarwal, Advocate for the petitioners. Mr. Vikram Singh, Advocate for respondent No.1. **** VINOD K. SHARMA, J. (ORAL) The learned counsel for the petitioner contends, that the impugned order passed by the learned Court allowing application under Order 1 Rule 10 of the Code of Civil Procedure, cannot be sustained as the respondent – applicant was neither necessary nor proper party to the dispute, as his rights were not affected. The learned counsel for respondent No.1 states, that under the garb of a status quo inter se the family members, the order of partition passed in favour of the respondent, which has attained finality, is not being implemented even qua the rights of the respondent, therefore, the learned Court below was right in holding that the applicant / respondent was necessary party to the suit. C.R. No. 877 of 2009 2 The learned counsel for the petitioner states, that the petitioner would have no objection, in case the order of partition passed by the revenue authorities is enforced qua the applicant / respondent, as the lease deed inter se between the parties would only be relevant to the share which came in partition qua the petitioners. In view of the stand taken by the learned counsel for the parties, the learned counsel appearing on behalf of the respondent / applicant wishes to withdraw the application under Order 1 Rule 10 of the Code of Civil Procedure. The revision is accordingly allowed. The impugned order is set aside. The application under Order 1 Rule 10 of the Code of Civil Procedure is ordered to be dismissed as withdrawn. It is made clear that respondent / applicant Mai Chand shall be free to execute the order of partition, and take possession of share allotted to him. 5.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE