CWP No.16546 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16546 of 2010 Date of decision: 20.09.2011 Harbans Singh ....Petitioner Versus The Financial Commissioner Appeals-I, Punjab, and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.S. Chauhan, Advocate, for the petitioner. Mr. Jaswinder Singh, DAG, Punjab. Mr. Navdeep Chhabra, Advocate, for respondent No.4. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is arising out of the orders passed in summary proceedings of correction of khasra girdawri. Learned counsel appearing for the parties have fairly stated that civil suit is pending before the competent civil Court between the parties involving question of title and possession. Learned counsel appearing for the parties have fairly stated that this Court in Shamsher Singh Vs. Commissioner, Patiala Division, Patiala and others, CWP No.16338 of 2011 decided on 02.09.2011 has held that any observation, finding or decision in a summary proceeding of mutation shall not be res judicata in a suit for title and shall not prejudice the civil suit and civil suit shall be decided at its own merit. Learned counsel appearing for both the parties have further stated that parties shall agitate their CWP No.16546 of 2010 -2- respective title in the civil suit already pending before the competent civil Court. In view of the judgment passed by this Court in Shamsher Singh (supra), I am not inclined to invoke my writ jurisdiction to see the correctness of order passed in a proceeding of correct of khasra girdawri. Present writ petition is disposed of with the direction that parties shall be at liberty to agitate their respective title and rights before the civil Court hearing the civil suit pending between the parties. Civil Court shall decide civil suit at its own merit in accordance with law without being prejudiced from any observation, finding or decision in a summary proceeding of correction of khasra girdawri and impugned order shall not be treated as res judicata in the pending civil suit. Revenue authorities shall carry out ultimate entries in the revenue record as per the finding/decision of the civil Court in the pending civil suit between the parties. (Alok Singh) Judge September 20, 2011 R.S.