Ushman Mohammad @ Habbu v. Nikhil And ORS

RSA No.426 of 2017 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.426 of 2017 (O&M) Date of decision:15.01.2019 Ushman Mohammad @ Habbu ... Appellant Vs.

Nikhil and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Rakesh Kumar Sharma, Advocate for the appellant.

AMIT RAWAL J. (Oral) C.M.No.906-C-2017 For the reasons stated in the application which is duly supported by an affidavit, delay of 245 days in re-filing the appeal is condoned.

C.M stands allowed.

RSA No.426 of 2017 (O&M) The sole ground on which the appellant-plaintiff has assailed the judgment and decree of the Lower Appellate Court holding the sale deed dated 13.07.1982 to be valid as there was no declaration as the appeal has been dismissed.

I am afraid the aforementioned argument is not sustainable, for, once the Court below has already upheld the sale deed, ibid and relegated the appellant-plaintiff to avail the remedy of partition to the joint holding, there cannot be any impediment for seeking partition. SAVITA KADIAN 2019.01.18 13:10 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.426 of 2017 (O&M) {2} No ground for interference is made out.

Resultantly, the appeal is dismissed.

(AMIT RAWAL) JUDGE January 15, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.01.18 13:10 I attest to the accuracy and integrity of this document High Court Chandigarh