JUDGMENT On earlier occasions Shri J.K. Agnihotri appeared for the non-applicants/plaintiffs. Thereafter Shri Arun Kochar, learned counsel for non-applicants No. 1 to 6 appeared on 6.11.97. This Court ordered that copy of the revision memo be supplied to the counsel. None appears for the non-applicants/plaintiffs today. After hearing the learned counsel for the applicant, this Court is of the opinion that no interference is called for in the order passed by the trial Court on the merits of the matter. The applicant claims that out of about 36 acres of land his share would be 1/3rd i.e. 12 acres and if the interim order is allowed to stand, then his interest deserves to be protected by imposing proper conditions. He also submits that if ultimately the suit is dismissed then the petitioner will suffer losses for the whole of the period for which possession is not delivered to him and under the orders of the Appellate Court, the Tahsil Court is not allowed to proceed with the partition. The learned counsel submits that if 1/3rd portion is given to him then the applicant is ready and willing to deposit a sum of Rs. 12,000/- per year as security/mesne profits therefore either the injunction be vacated or the non-applicants No. 1 to 6 be directed to deposit a sum of Rs. 12,000/- per year as condition of the injunction order. After hearing the learned counsel, this Court is of the opinion that the contentions raised by the learned counsel for the applicant is well merited and justified. When a person seeks injunction against a partition or partition proceeding then by that injunction order a party who is prima facie entitled to possession is deprived of his right of possession and to obtain the fruit from the property. As the applicant would be out of possession till final disposal of the suit his right deserves to be protected. It is directed that the non-applicants shall deposit a sum of Rs. 12,000/- per year with the trial Court as condition of the injunction order. First such deposit shall be made by him on or before first July, 1998. The non-applicants/plaintiffs shall be bound to deposit the said amount till final disposal of the suit, on every first of July of the year. 12,000/- per year with the trial Court as condition of the injunction order. First such deposit shall be made by him on or before first July, 1998. The non-applicants/plaintiffs shall be bound to deposit the said amount till final disposal of the suit, on every first of July of the year. The amount so deposited may be invested by the Court in some fixed deposit receipt of a nationalised bank so that any party succeeding ultimately does not suffer loss of the interest. Non-observance of this condition may provide a ground in favour of the present applicant to move to the trial Court for vacating the injunction granted against him. The petition is disposed of.