LPA No.213 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: LPA No.213 of 2009 (O&M) DATE OF DECISION: March 31, 2009 GURPREET KAUR ...PETITIONER VERSUS THE FINANCIAL COMMISSIONER, ...RESPONDENTS ANIMAL HUSBANDARY, PUNJAB AND ORS. CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE UMA NATH SINGH. PRESENT: MR. ANMOL RATTAN SIDHU, SR. ADVOCATE WITH MR. R.K. CHUGH, ADVOCATE FOR THE APPELLANT. ASHUTOSH MOHUNTA, J.(ORAL) C.M. No.671 of 2009 There is a delay of 27 days in filing the appeal. For the reasons mentioned in the application, the delay in filing the appeal is condoned. LPA No.213 of 2009 The appellant is aggrieved by the order dated 15.1.2009, passed by learned Single Judge vide which the writ petition filed by her was dismissed. Briefly the facts giving rise to this appeal are that on 14.7.1997, the respondent No.2 filed an application for partition of the suit land measuring 170 bighas 5 biswas against respondent No.3 to 11 and against the appellant in the Court of Tehsildar Dhuri who was exercising the powers of Assistant Collector Ist Grade, Dhuri. During the pendency of the partition proceedings, respondents No.2 to 7 struck a compromise with the appellant and as a result of the compromise the suit pending before the Civil LPA No.213 of 2009 (O&M) -2- Judge (Jr. Divn.), Dhuri was withdrawn. It has been averred that after a few days of the compromise, respondents No.2 to 7 resiled from the compromise and thereafter the appellant filed application for restoration of the civil suit which is still pending in the Civil Court at Dhuri for adjudication. The only prayer made by the appellant in this Letters Patent Appeal is that during the pendency of the application for restoration of the Civil Suit which has been dismissed as withdrawn, the proceedings before the Revenue Authorities be stayed. After hearing counsel for the parties, we are of the considered opinion that the civil suit was got dismissed as withdrawn by the appellant as a compromise has been arrived at between the parties. The appellant on a statement made by Balbir Kaur, petitioner No.3 had withdrawn the civil suit. In view of the aforementioned facts, there is no ground to restrain the Revenue Authorities from proceeding further. The appellant may pursue her application for restoration of the civil suit. We find no ground to interfere in this Letters Patent Appeal and accordingly the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE March 31, 2009 (UMA NATH SINGH) Gulati JUDGE