JUDGMENT

This appeal is against the Order Dated 13.9.2012 passed by the Learned Civil Judge (Senior Division), Jaipur in I.A. No.160 of 2011 arising out of C.S. No.68 of 2011.

2. The Appellant is the Plaintiff-Petitioner in the suit for partition in which, he claims 1/6th share in the suit schedule property. It is claimed that during pendency of the suit, the Appellant came to know about display of a notice for compulsory acquisition of AC.0.110 of land, out of plot No.415 under Khata No. 172 of Mouza Patharapara showing R-1 (D-1 in the suit) as the sole owner. This plot forms part of the plaint schedule land in which Appellant has got 1/6th share. Since R-1 tried to grab the entire compensation amount, the Appellant filed the interim application with prayer to restrain R-2 the Collector-cum-Competent Authority Land Acquisition Officer, National High Way, Cell, Jaipur from disbursing the entire compensation amount to R-1.

3. It is not in dispute that the Plaintiff & 0-1 to 0-5 are the sons & daughter of late Judhistir Samal, who has left behind the suit schedule properties. R-1 filed objection taking the stand that after death of the father, Judhistir, there was severance of joint sta