JUDGMENT

This original petition has been filed being aggrieved by Ext.P9 order whereby an order of injunction granted has been vacated on the ground that the petitioner did not comply with the requirements of Rule 3 of Order 39 of the Code of Civil Procedure . The matter arises out of final decree proceedings. The injunction was sought for against cutting and removing of valuable trees standing in the property and changing the physical features.

2. When the case is taken up today, the counsel on either side agreed that final decree proceedings can go on and the Advocate Commissioner may carry out the division of the property in accordance with the decree. It is also agreed that unless required by the Advocate Commissioner, the trees in the properties will not be cut and removed.

In view of the above submission, this original petition is disposed of, modifying the order Ext.P9 and ordering that the cutting and removing of the valuable trees shall be done only if the Advocate Commissioner requires the same for executing the decree for partition and will be done in the presence of the Advocate Commissioner.

Sd/-

T.R.RAVI JUDGE