2008 INSC 0682
                                    SUPREME COURT OF INDIA

                                                 K.B. Govind

                                                      Vs.

                                            K.G. Nagaraj & Anr.

                                           C.A.No.1724 of 2008

                                  (Ashok Bhan Dalveer Bhandari,JJ.)

                                                 03.03.2008

                                                   ORDER

1. Leave granted.

2. 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 question
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 ofthe 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 him, we are of the opinion that the
        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."

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