CWP No. 17516 of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 17516 of 2013 Date of decision : August 13, 2013 Jot Ram Petitioner Versus State of Haryana and others Respondents CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Vaneet Soni, Advocate for the petitioner. RAKESH KUMAR JAIN, J (ORAL)
The respondents filed application under Section 111 of the Punjab Land Revenue Act, 1887 for seeking partition of their joint holding. In these proceedings, the petitioner moved an application for staying the partition proceedings on the ground that he had filed a suit for declaration in which the question of title is involved. The said application was allowed by the AC First Grade but his order has been set aside by the Higher Courts. During the course of hearing, learned counsel for the petitioner has fairly stated that in the civil suit, application for injunction was also filed, but no stay was granted. In view of the fact that since application for stay has not been accepted by the Civil Court, the present application is not even maintainable. I find that the order passed by higher Courts are in accordance with law and the order of the AC First Grade was totally illegal.
Dismissed.
August 13, 2013 ( RAKESH KUMAR JAIN ) ritu JUDGE