M. A. No. 1707 / 2010. 1 01/11/2011 Shri V.K. Bharadwaj, Senior Advocate with Shri R.K. Soni, Advocate for appellants. Shri P.S. Bhadoriya, Advocate for respondent. Parties are heard on the question of admission and I.A. No. 17258/2010 & I.A. No. 4195/2011 which are two applications under Section 5 of the Limitation Act seeking condonation of delay of 56 days in preferring this miscellaneous appeal. Considering the reasons mentioned in both the above said applications and the fact that delay is not of a long period, the same is condoned and this appeal is heard and finally decided on merits with the consent of both parties. A perusal of the impugned order dated 21/05/2010 passed in Civil Suit No. 45A/2010 by X Additional District Judge (Fast Tract Court) Gwalior, whereby the defendants have been restrained from alienating the suit property, it appears that the trial court while coming to the said conclusion was persuaded by reasons mentioned in paragraph No. 7 of the impugned order to the effect that the property in question is jointly owned by both the parties and the question of partition is yet to be decided after adducing of evidence. Learned counsel for appellants contend that the Trial Court misdirected itself to the extent of merely restraining the defendants from alienating the suit property thereby leaving M. A. No. 1707 / 2010. 2 the plaintiff to deal with the suit property as he wishes. Learned counsel for respondent/ plaintiff on the other hand opposes the said prayer of learned counsel for appellants and seeks rejection of the present miscellaneous appeal. Considering the totality of the circumstances and the fact that the property is alleged to be jointly owned by both the parties and the fact of partition having yet to be decided, this court things it appropriate that though the order of the trial Court is well reasoned but the conclusion part of the order deserves slight modification to the following extent. Accordingly, this miscellaneous appeal is partly allowed to the extent indicated below. (i) The parties in Civil Suit No. 45A/2010 will maintain status quo in regard to title and possession of the suit property till the decision of the civil suit. (ii)The trial court is expected to decide the civil suit as expeditiously as possible preferably within a period of six months from the date of receipt of certified copy of this order. (iii)No order as to costs. Certified copy as per rules. (Sheel Nagu) Judge. AM