JUDGMENT :

K.P. Mohapatra, J. - This civil revision is directed against the order passed by the learned Additional District judge, Berhampur, restraining the petitioners from construction of a wall and directing maintenance of status quo during the pendency of the suit for partition.

2. The subject-matter of partition is the house and homestead of three brandies represented by the two petitioners and the opposite party who are brothers. Each of them has 1/3rd share therein. During pendency of the suit for partition by metes and bounds filed by the opposite party, the petitioners made preparation for construction of a pucca wall, whereupon the opposite party filed a petition for temporary injunction before the learned Subordinate Judge, Aska, who passed an order of ad interim injunction against the petitioners. But after hearing both parties, he vacated the said order. The opposite party appealed before the learned Additional District judge, Berhampur, who accepted the appeal and directed issuance of temporary injunction and maintenance of status quo.

3. Mr. Deepak Misra, learned counsel appearing for the petitioners, contended that by virtue of a deed of partition dated 12-10-1960, th