ORDER

1. This petition under Article 227 of the Constitution of India has been filed against the order dated 17.5.2019 passed by Additional Commissioner, Chambal Division, Morena in Case No. 17/Miscellaneous /2018 by which the interim order dated 5.6.2018 has been vacated.

2. The necessary facts are that partition proceedings were initiated, however in view of the interim order passed by the civil Court, the same were kept in abeyance. However, the civil suit as well as the appeal has been dismissed and S.A. No. 1214/2018 is pending.

3. It is submitted that after the dismissal of civil appeal, the Tahsildar has resumed the partition proceedings which were stayed by the Additional Commissioner, Chambal Division, Morena by order dated 5.6.2018. It is submitted by Shri Shukla that the Additional Commissioner, Chambal Division, Morena has vacated the stay order dated 5.6.2018 and since Second Appeal No. 1214/2018 is pending before this Court, therefore, the interim order dated 5.6.2018 passed by Additional Commissioner, Chambal Division, Morena should not have been vacated.

4. Heard the learned counsel on the question of vacation of interim order.

5. Section 178 of MPLR Code reads as unde