Devinder Singh v. Gurmeet Singh And ORS.

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 20, 2018 Devinder Singh .....Appellant

Versus

Gurmeet Singh and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.H.S.Saggu, Advocate for Mr.Sukhjit Singh, Advocate for the appellant. Mr.G.S.Punia, Sr.Advocate with Ms.Jagriti Kalia, Advocate for respondent No.1. ........

SURYA KANT, J.(ORAL) CM-3871-LPA-2015 Application is allowed subject to all just exceptions and Annexure A-1 is taken on record.

CM stands disposed of.

CM-3872-LPA-2015 For the reasons mentioned in the application, the same is allowed and delay of 4 days in filing the appeal is condoned. CM stands disposed of.

-2LPA-1799-2015 This Letters Patent Appeal is directed against the order dated 21.09.2015 whereby the learned Single Judge allowed the writ petition filed by respondent No.1 in part and ordered modification in the mode of partition. Learned Single Judge has further observed as follows:- "Learned counsel for respondent No.3 submitted that other applications for partition are also pending between the same parties. Respondent No.3 will be at liberty to make a prayer before the Assistant Collector Ist Grade with respect to the other pending partition applications that those be consolidated if all the co-sharers are common and thereafter pass order in accordance with law. The authorities shall look into same and if need be, authorities shall pass the order for consolidation of the same if all the co-sharers are same."

[2] The foremost plea taken in this appeal is that partition proceedings at the instance of some other co-sharers are pending and, therefore, it would be more appropriate if claims of all the co-sharers for partition of joint holdings are decided together. Taking notice of this contention, a Coordinate Bench stayed further partition proceedings vide order dated 19.12.2015.

[3] We have heard learned counsel for the parties. It is disputed by learned counsel for respondent No.1 that any partition proceedings at the instance of other co-sharers are pending, as according to him, all the cosharers are party to these proceedings. [4] Be that as it may, the order of learned Single Judge is modified/clarified to the extent that if partition proceedings at the instance of some other co-sharers who are not party in this case, are pending, let all

-3such partition proceedings between co-sharers of the joint Khata in question be consolidated/clubbed together and be decided by way of a common order and in accordance with law.

[5] Disposed of.

( SURYA KANT ) JUDGE September 20, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No