( 1 ) PRAYER for extension of interim order has been made. An application for vacating the interim order has been filed by Mr. Ajit Panja on behalf of the respondents No. 1 to 5. Mr. Tapan Dutta on behalf of the respondent No. 7 has filed an affidavit-in-opposition. Now the matter is hotly contested.

( 2 ) MR. Sen opposed the taking up of the application for vacating the interim order on the ground that it is not appearing in the list and that the matter is appearing for extension of interim order and not for vacating the interim order. Be that as it may, the question now before us is as to whether the interim order should continue or not. The grant of interim order is dependant on the prima facie case being made out. When the interim order was granted, on the facts of the case disclosed by the petitioner, we found that prima facie case was made out and as such we had granted the interim order. The suit is one for partition. Normally interim orders are granted in such suit for partition in respect of allotment until the final decree is passed.

( 3 ) AT this stage, some materials have been brought out by means of an application for vacating the interim order. These