1. The petitioner/defendant No.1 feeling aggrieved and dissatisfied with the order passed by the trial Court under Order 39 rule 1 and 2 CPC dated 28.6.2012 which is affirmed in Misc.Civil Appeal No.20/2012 by Learned District Judge, Bhind, has filed this petition under Article 227 of the Constitution.

2. Summarize and admitted facts are as under :-

The suit property was originally owned by deceased Prabhudayal and upon his death devolved upon the plaintiff and the defendants. The plaintiff is one of the sons, whereas defendant No.1 ( present petitioner) is widow of another son. Other defendants are daughters of deceased Prabhudayal. All the four, i.e. plaintiff and defendants No.1, 2 and 3 are having ¼ share each in the property. The plaintiff/respondent No.1 instituted a suit before the trial Court against the defendants No.1, 2 and 3 stating that there is certain property of deceased Prabhudayal and after his death, ¼ share of the said property is devolved to each of the parties by way of succession. It is contended in this suit that without getting the partition done, defendants are trying to sell the suit property which will be detriment to the interest of plaintiff be