https://www.taxtmi.com/caselaws?id=197828 A civil court may invoke inherent powers under the Code of Civil Procedure to protect a co-sharer's settled specific possession during pending partition proceedings. Where parties have mutually been in separate occupation of distinct flats, and one side interferes by obstructing that possession, the court is not confined to Order 39 relief alone. Section 151 can support a mandatory direction to remove an obstruction such as a padlock and to prevent further interference when the foundational facts of possession are admitted or otherwise clearly established. The principle is that a co-sharer in settled possession cannot be unlawfully dispossessed by another co-sharer while litigation is pending. en-us Wed, 05 Mar 2008 00:00:00 +0530 Tue, 16 Jan 2018 18:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197828 A civil court may invoke inherent powers under the Code of Civil Procedure to protect a co-sharer's settled specific possession during pending partition proceedings. Where parties have mutually been in separate occupation of distinct flats, and one side interferes by obstructing that possession, the court is not confined to Order 39 relief alone. Section 151 can support a mandatory direction to remove an obstruction such as a padlock and to prevent further interference when the foundational facts of possession are admitted or otherwise clearly established. The principle is that a co-sharer in settled possession cannot be unlawfully dispossessed by another co-sharer while litigation is pending. Case-Laws Indian Laws Wed, 05 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197828