1 S.B. Civil Misc. Appeal No.1933/2007 Ram Dutt. vs. Shiv Kumar @ Shiv Lal & Ors. S.B. Civil Misc. Appeal No.1933/2007 Ram Dutt. vs. Shiv Kumar @ Shiv Lal & Ors. Date : 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.RK Thanvi, for the appellant. Mr.S Shrimali, for the respondents. - - - - - Heard learned counsel for the parties. The appellant is aggrieved against the order dated 29.5.2007 passed by District Judge, Jalore by which the interim order has been passed against the appellant and the appellant has been restrained from alienating the property in dispute which includes movable properties i.e. ornaments. According to learned counsel for the appellant, the trial court could not have passed such order without prima-facie holding that the appellant is in possession of any of the ornaments of Smt. Kastu Bai. It is also submitted that the suit for partition may be directed to be decided expeditiously for which the 2 S.B. Civil Misc. Appeal No.1933/2007 Ram Dutt. vs. Shiv Kumar @ Shiv Lal & Ors. plaintiff has no objection. So far as the order in respect of ornaments is concerned, this order dated 29.5.2007 is interim order and by this order, the appellant is not denied to prove the fact that he in fact has no ornaments in his possession etc. and is free to take all defence in the suit which he must have taken in the suit. In that view of the matter, the appellant is not going to be prejudiced by the impugned order. In view of above, I do not find any merit in this appeal and the same is hereby dismissed. Since it is a matter relating to the partition of the property and, therefore, if both the parties cooperate, the trial court may decide the suit expeditiously preferably within a period of one year from the date of receipt of copy of this order. (PRAKASH TATIA), J. S.Phophaliya