Zora Singh v. Financial Commissioner Appeals Punjab Main Civil Secretariat And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.W.P. No.19915 of 2021 Date of Decision:- 18.05.2022 Zora Singh ....Petitioner vs.

Financial Commissioner (Appeals), Punjab and others ....Respondents *** BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL *** Present:- Mr. Sherry K. Singla, Advocate, for the petitioner.

*** Sudhir Mittal, J. (Oral) The petitioner has filed a civil suit on 25.07.2005 seeking a declaration of title over 5/6 th share in the suit property. The suit has been dismissed and the appeal has also failed. Meanwhile, vide sale deed dated 06.03.2006, respondent No.5 purchased the entire suit property from respondents No. 6 and 7. Regular Second Appeal has been entertained by this Court and creation of 3 rd party rights has been stayed. Thus, the question whether respondent No.5 has acquired title to the suit property by virtue of the sale deed is still open. On the basis of the sale deed aforementioned, respondent No.5 had sought entry of mutation in his favour but the proceedings were adjourned sine die to await the decision of the Civil Court by the Assistant Collector, Ist Grade. Appeal there-against by respondent No.

5 was dismissed. However, revision succeeded and a direction was issued to enter a mutation on the basis of the Appellate Court decree. The Financial Commissioner has noticed the pendency of the regular second appeal but has upheld the order of the Commissioner. Further, contradictory orders have been passed by him. He has directed the Assistant Collector, First Grade to enter a mutation after taking into consideration orders POONAM RATHORE 2022.05.

C.W.P. No.19915 of 2021 -2passed by this Court in the regular second appeal. Thus, a contradiction has crept into the order dated 05.12.2019 passed by the Financial Commissioner. Learned counsel for the petitioner submits that the contradiction aforementioned may be clarified.

Accordingly, the writ petition is disposed of with the directions that mutation will only be entered on the basis of the final judgment and decree to be passed by this Court.

May 18, 2022 ( SUDHIR MITTAL) poonam JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No POONAM RATHORE 2022.05.20 11:00 I attest to the accuracy and authenticity of this order/judgment