Disposed

Kamaljit Kaur and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC2 Feb 2011CWP/20506/2009

Case brief

AI extract

What is this about?

In a civil writ petition, the Single Judge disposed of the matter by granting liberty to petitioners to apply for partition of the entire khata/khewat while impleading all co-owners. The court also ordered maintenance of status quo regarding possession and requested authorities to expedite proceedings.

What did the court decide?

Petition disposed with liberty to apply for partition while impleading co-owners; status quo regarding possession maintained.

Kamaljit Kaur and Ors. Vs State of Punjab and Ors. — Partition | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Civil Writ Petition No.20506 of 2009 Date of Decision: February 02, 2011

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Kamaljit Kaur & others

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.....PETITIONER(S)

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VERSUS

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State of Punjab & others

.....RESPONDENT(S)

. . .

CORAM:

HON'BLE MR. JUSTICE AJAI LAMBA

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PRESENT: - Mr. Kanwaljit Singh, Senior Advocate, with Ms. Guneet Babbar, Advocate, for the petitioners. Ms. Sonu Chahal, Additional Advocate General, Punjab, for respondent No.1. None for respondent No.2. Mr. M.S. Kang, Advocate, for respondent No.3. Mr. Roshan Lal Sharma, Advocate, for respondent No.4.

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. . .

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AJAI LAMBA, J (Oral)

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This civil writ petition prays for issuance of a writ in the nature of certiorari, quashing Order dated 15.2.2006 (Annexure P-4)

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CWP No.20506 of 2009 [2]

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passed by the Divisional Commissioner, Patiala, and Order dated 18.8.2009 (Annexure P-5) passed by the Financial Commissioner, Punjab.

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Since a conceded order is being passed, facts in detail are not required to be given. In short, the controversy has arisen because respondent Nos.2 to 4 purchased land from co-owners of the petitioners. It is the conceded position that vendors sold the land confined to their share. Purchaser of land viz. private respondents got the land partitioned amongst themselves in exclusion of the petitioners.

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Learned counsel for the petitioners

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and private respondents agree that the petitioners would apply for partition of the entire khata/ khewat while impleading the respondents in the proceedings.

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This petition is disposed of with liberty to the petitioners to apply for partition while impleading all the co-owners in the khewat, including the private respondents.

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In the meantime, status-quo regarding possession shall be maintained. 6. So as to avoid multiplicity of litigation and also the fact that parties have been in Court for a considerable time, the authorities are requested to deal with the

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CWP No.20506 of 2009 [3]

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proceedings expeditiously. Needless to say that the petitioners and respondents shall not cause any delay in proceedings.

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(AJAI LAMBA)

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February 02, 2011 JUDGE avin

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To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?

Kamaljit Kaur and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Kamaljit Kaur and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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