Sat Pal, J.

1. This petition has been preferred against the order dated 6.3.1997 passed by District Judge, Bhiwani. By this order, the learned District Judge has set aside the order dated 2.9.1996 passed by the learned trial Court and has allowed the application filed by the plaintiff/respondent under Order 39 Rules 1 and 2 C.P.C. and has restrained the defendants from raising any construction over any portion of the suit property without getting the suit property partitioned.

2. Briefly stated the facts of the case are that the plaintiff/respondent and the defendants/petitioners are joint owner in possession of the suit land measuring 85 Bighas and 11 Biswas as per Khewat No. 16, Khatoni No. 43, 44 in terms of jamabandi for the year 1989-90. The plaintiff/respondent filed a suit for injunction against the petitioners/defendants. It was inter-alia alleged in the suit that the plaintiff and defendants were co-sharer in the suit land and though the suit land had not so far been partitioned, the defendants wanted to raise construction on the said land forcibly without getting the suit land partitioned. Alongwith the plaint, the plaintiff also filed an application under Order 3