Allowed

Jatinder Singh v. Amrik Singh and Others

Punjab & Haryana HC12 Aug 2013TA/412/2012

Case brief

AI extract

What is this about?

Petitioner filed a petition for transfer and consolidation of two civil appeals (No.124 of 2010 and No.78 of 2011) pending before different courts within the same Sessions Division to avoid conflicting judgments. The Court allowed the petition, set aside the earlier rejection, and directed consolidation.

What did the court decide?

Impugned order dated 23.5.2012 setting aside consolidated; direction to Sessions Judge Nawanshahr to hear both appeals under one Appellate Court within six months.

Jatinder Singh Vs Amrik Singh and… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.08.21 09:22I attest to the accuracy and integrity of this document High Court Chandigarh

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T.A. No.412 of 2012 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

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HARYANA AT CHANDIGARH

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T.A. No.412 of 2012 (O&M)

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Date of Decision: 12.8.2013

Jatinder Singh

.....Petitioner(s)

Versus

Amrik Singh and ors.

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. Sarju Puri, Advocate for the petitioner.

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Ms. Sarika Gupta, Advocate for the respondents.

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JASWANT SINGH, J (ORAL)

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Petitioner-Jatinder Singh in the present petition under Section 24 CPC, is primarily seeking the transfer and consolidation of two appeals for hearing by one lower Appellate Court. One appeal bearing Civil Appeal No.124 of 2010 titled Jatinder Singh Vs. Amrik Singh and Ors is pending before the learned Addl. District Judge, SBS Nagar and other Civil Appeal No.78 of 2011 titled Sohan Singh Vs. Jatinder Singh is pending before the other court of learned Addl. District Judge, SBS Nagar.

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In brief, the case of the petitioner-Jatinder Singh is that he had purchased 26 kanal 4 marlas of agricultural land vide registered sale deeds from one Santokh Singh in the year 1995-96. It is claimed that he had been sold land comprised in specific khasra number with possession since Santokh Singh had partitioned his land from his brother-Harbans Singh.

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Since Jatinder Singh apprehended threat of interference in his

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T.A. No.412 of 2012 (O&M) #2#

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peaceful possession from Sohan Singh son of Ujagar Singh, he filed civil suit (P.1) for permanent injunction seeking to injunct Sohan Singh from interfering in his peaceful possession of suit property measuring 26 kanals 4 marlas comprised in Khata No.525, 526/639, 640 and Kh. No.24//25/2/2 (016), 6/2/1 (1-6), 15/3 (2-12), 25//10/2 (4-0), 11 (8-0), 20/1 (6-18). It is further stated that Sohan Singh along with Amrik Singh, Bawa Singh and Bahadur Singh filed another Civil Suit No.248 of 2003 (P.2) seeking a declaration of joint ownership of the entire co-sharers including Jatinder Singh in the suit land measuring 50 kanal 1 marla including the land measuring 26 kanal 4 marlas purchased by Jatinder Singh from Santokh Singh with further relief to restrain them from claiming exclusive possession of specified khasra on the basis of any partition. Both the suits were tried by different courts in the Sessions Division of Nawanshahr.

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The suit for injunction of Jatinder Singh was decreed with the finding that he was in exclusive possession whereas the suit of Amrik Singh along with Sohan Singh was also decreed by rejecting the partition of Santokh Singh holding that the entire suit land including the aforesaid land owned by Jatinder Singh was in joint ownership of all the co-sharers. Hence, two appeals came about to be filed, one by Jatinder Singh bearing RCA No.124 of 2010 and the other RCA No.78 of 2011 by Sohan Singh.

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Subsequently, Jatinder Singh filed an application before the learned Sessions Judge, Nawanshahr seeking consolidation of two appeals. The same was declined vide impugned order dated 23.5.2012 (P.4).

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At the time of hearing, learned counsel for both the parties are agreed that to obviate the possibility of conflicting judgments, keeping in view the contents of both the appeals, it is necessary that the same are heard

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T.A. No.412 of 2012 (O&M)

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#3#

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by the same/one Appellate Court.

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Accordingly, in view of the aforesaid agreed stand, the present petition is allowed and order dated 23.5.2012 (P.4) is set aside with a direction to the learned Sessions Judge, Nawanshahr for ordering the hearing of both the aforesaid appeals by one of the Appellate Court. It is further directed that the said appeals shall heard and decided within a period of six months from today. Parties to appear before the learned Sessions Judge, SBS Nagar, Nawanshahr on 27.8.2013.

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August 12, 2013 ( JASWANT SINGH ) manoj JUDGE

Jatinder Singh v. Amrik Singh and Others

Case brief

What is this about?

What did the court decide?

Jatinder Singh v. Amrik Singh and Others

Case brief

What is this about?

What did the court decide?

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