JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The petitioner in the present Writ Petition, is a plaintiff in Suit No. 45 of 2013, Sanjay Kumar Nagalia vs. ZX Sources Pvt. Ltd. which has been instituted before the Court of Additional Civil Judge (Senior Division), Dehradun, for grant of a decree of declaration and permanent injunction, as against the defendants, who have been impleaded therein.

2. The brief facts, which engaged consideration in the said case was, that the property, which constituted as to be the subject matter of the Suit, was the property bearing Municipal No. 220/221 (Old No. 224), Rajpur Road, Dehradun, measuring 4.37 bighas, (hereinafter, to be called as the property in dispute).

3. The property initially formed to be the property of the joint Hindu family, which comprised of Mahendra Kumar, the father of the petitioner, who was the Karta of the family, Rajiv Nagalia, the brother of the petitioner and the petitioner himself, who were coparceners of the property.

4. It is contended by the petitioner that the property was orally partitioned on 20th November, 2009, and the property was thus settled between the coparceners based upon their exclusive share and possession as per t