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Shiv Shankar vs. Bhawani Shankar & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Order as regard to restraining from alienation of property till the disposal of suit–Further, order for furnishing the undertaking upto effect that the defendant will not claim on the basis of construction made by him–Suit for partition–
Fact of already partition having been between the parties can be decided after the evidence of parties–Impugned order is justified and does not warrant any interference.