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CASE NO.: Appeal (civil)  1724 of 2008

PETITIONER: K.B. Govind

RESPONDENT: K.G. Nagaraj

DATE OF JUDGMENT: 03/03/2008

BENCH: ASHOK BHAN & DALVEER BHANDARI

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO.1724 OF 2008 [Arising out of S.L.P.(C)No.10374 of 2006]

       Leave granted.         This appeal has been filed against an interim order.   Respondent, who is the son of   the appellant, filed a suit for partition and separate possession of the property in questio n  claiming the same to be ancestral.  The trial court dismissed the suit holding that the  property was not ancestral.  Against the order of the trial court, the respondent filed an  appeal in the High Court which has been admitted by the High Court.  During the  pendency of the appeal, the respondent filed an application to provide residential  accommodation to him in the suit premises preferably on the ground floor.         By the impugned order, the High Court has directed the appellant to provide  accommodation to the respondent on the first floor portion of the suit premises. The High  Court has granted a relief which could be given to the respondent only if the appeal was  accepted and the suit was decreed in his favour.         Considering the ill health of the appellant and other hardships  being  faced  by hi m,  we are of the opinion that the  

S.L.P.(C)No.10374/06 .... (contd.) - 2 - High Court was not justified in granting the said relief to the respondent pending disposal  of the appeal before it. Accordingly, we set aside the impugned order of the High Court  and allow the appeal.  The High Court will now proceed to hear the pending appeal in  accordance with law without being influenced by any of the observations made  hereinabove.