Dismissed

Gurjant Singh v. Commissioner Fridkot Division & Ors.

Punjab & Haryana HC26 Jul 2011CWP/10634/2011

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What is this about?

The High Court dismissed a writ petition challenging an order dismissing appeals against partition proceedings. The Court held that the pendency of a related civil suit involving adoption claims does not affect the partition proceedings against the petitioner and directed authorities to consider title pleas if legally permissible.

What did the court decide?

The writ petition was dismissed after liberty was granted to raise title defenses in partition proceedings.

Gurjant Singh Vs Commissioner Fridkot Division & Ors. — Partition | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civl Writ Petition No.10634 of 2011 Date of Decision : July 26, 2011.

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Gurjant Singh ..... Petitioner

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versus

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Commissioner, Faridkot Division and others ..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.Bhanu Partap Singh, Advocate, for the petitioner.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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(Oral) Surya Kant, J.

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The petitioner is aggrieved by the order dated 22.7.2009 (Annexure P-4) passed by the Assistant Collector, Grade-I-cum-Tehsildar, Rampura Phul, District Bathinda, upheld by the Collector-cum-Sub Divisional Magistrate, Rampura Phul and the Commissioner, Faridkot Division, Faridkot, while dismissing the petitioner's appeals vide orders dated 26.10.2009 (Annexure P-5) and 7.1.2011 (Annexure P-6), respectively.

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Suffice it to mention that the petitioner sought stay of the partition proceedings on the plea that a civil suit titled as “Gurpreet Singh versus Sukhminder Kaur (respondent No.4)” is pending in the Civil Court

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CWP No.10634 of 2011 [2]

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at Phul. It may be noticed that in the above mentioned civil suit, Gurpreet Singh claims himself to be the adopted son of Malkiat Singh and has alleged that Sukhminder Kaur is entitled to inherit only half share of the land of Malkiat Singh. The petitioner, however, is not party to the said civil suit and therefore, the pendency thereof has no bearing on the partition proceedings initiated against him by Sukhminder Kaur. In any case, the title issue sought to be raised on behalf of the petitioner can be his one of the pleas in the partition proceedings and the same shall be gone into by the authorities to the extent it is permissible in law.

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With the aforesaid liberty and observation, the writ petition is

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dismissed.

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July 26, 2011 (SURYA KANT) Mohinder JUDGE

Gurjant Singh v. Commissioner Fridkot Division & Ors.

Case brief

What is this about?

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Gurjant Singh v. Commissioner Fridkot Division & Ors.

Case brief

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