ORDER :

Heard.

1. This petition has been brought under Article 227 of the Constitution of India being aggrieved by the order dated 1.9.2021, passed by the Third Additional District Judge, Baloda Bazar, District Baloda Bazar, Bhatapara, Chhattisgarh in Miscellaneous Civil Appeal No. 12 of 2019, by which the appeal was allowed; the order of the trial Court dated 26.8.2019 was set aside and respondent No.1 was granted relief under Order XXXIX Rule 1 & 2 of the CPC.

2. The petitioners have filed a civil suit praying for reliefs of declaration of title, permanent injunction, partition and possession, on the basis of the pleading that the suit property is a joint family property. The petitioners and respondent No.1 are the sons of late Sutichhan Pandey. Respondent No.1 is contesting the suit on the ground that the partition has already taken place between the parties. Respondent No.1/ defendant filed an application under Order XXXIX Rule 1 & 2 read with Section 151 of the CPC praying that he is in possession of the land in the partition in which the petitioners/ plaintiffs are interfering. Hence, on this basis, his possession may be protected by the interim injunction. The petitioners/ plai