Rajiv Narain Raina, J. - (1.) REPLY to the application filed in Court is taken on record. Copy has been given to learned counsel for respondent Nos. 1 and 3 who has gone through the same and does not wish to file any rejoinder. Reply accordingly dispensed with. Heard the learned counsel for the parties at length.
(2.) THE main case is taken on Board for final disposal by consent. The dispute is with respect to land involving two brothers. The suit property is in joint possession of co -sharers suffering partition proceedings instituted by the petitioners, being one unit of the coparcenary property. The suit land abuts a State highway. It has considerable frontage. The petitioners are in possession and occupation of land falling on the eastern side where they have built a dhaba/hotel which goes by the name of Yadav Hotel and they running their business on that portion of the land since last 15 years without let or hindrance from the remaining siblings.
(3.) MR . D.S. Bali, learned Senior Counsel appears for respondent Nos. 1 and 3 i.e. Dalip Singh and Virender Kumar. Dalip Singh has entered into a lease agreement with Varinder Kumar, a third party, for the latter to establish and run a retail dealership/petrol pump on the joint land which has been in his exclusive possession for the last two decades. It is said that ten shops exist on the extreme western side of the suit property constructed by defendant No. 2/Basanti, sister of the warring brothers who appears to have taken the side of her brother Dalip Singh.;