Heard on question of admission.
The intra court appeal has been preferred against the order dated 11.4.2012 passed by the Single Bench in CWP No. 1585/2012.
The matter pertains to grant of interim order of injunction during the pendency of case before the S.D.O The S.D.O vide order dated 12.9.2011 rejected the injunction application which was upheld by the Revenue Appellate Authority vide order dated 2.12.2011 However, in revision, the Board of Revenue set aside the orders dated 12.9.2011 and 2.12.2011 on the ground that the plea of oral partition could not be believed. The Board of Revenue has granted injunction holding that it would not be permissible to raise construction on the joint property. The order passed by the Board of Revenue was questioned before the Single Bench. The Single Bench has opined that the order passed by the Board of Revenue is appropriate in the facts of the case. There was no written partition on the record. The plea of oral partition was taken which has not been accepted by the Board of Revenue. There was no jurisdictional error or patent illegality in the order passed by the Board of Revenue calling for interference of this Court in writ jurisdiction.
Having heard learned counsel for the petitioner, we are of the opinion that in the aforesaid matter, considering the dispute, no interim injunction could have been granted on the basis of plea of oral partition. Consequently, no interference is called for in the order passed by the Single Bench. It is made clear that observation made by Board of Revenue, Single Bench or in this order, shall not come in the way of S.D.O to decide the matter independently on merits.
Accordingly, the intra court appeal is hereby dismissed. D.B Civil Misc. Stay Petition No. 8543/2012 is also dismissed.
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