N.K.Kapoor, J.

1. This revision petition is against the order of the Additional District Judge dated 10.8.1992 affirming in appeal the order passed by the trial court, dismissing the petitioners application for grant of ad-interim stay in terms of Order 39 Rules 1 and 2 C.P.C.

2. Petitioner claimed himself to be a co-owner with the respondents in respect of land measuring 9 kanals 7 marlas as detailed in the plaint and so sought a restrain order against the respondents not to raise any construction till the joint holding is partitioned as it would otherwise become difficult to demolish the raised construction.

3. The claim was resisted by the respondents on the ground that the suit land already stands partitioned some 22 years back which fact is well known to the petitioner who infact has raised construction upon the area which fell to his share. So, the present suit is mala fide and filed with a view to harass the respondents-the defendants.

4. On consideration of the matter, trial Court came to the conclusion that the petitioner has failed to make out a prima facie case and that balance of convenience is also not in his favour and so declined to grant the ad-inter