IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1507 of 2010(O&M) Date of decision: 9.11.2010 Balak Ram …..Appellant versus Financial Commissioner Appeals II, Punjab and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Dinesh Kumar Nagar, Advocate for the appellant Jasbir Singh, J. (Oral) This appeal has been filed against an order dated 30.7.2010, passed by the learned Single Judge, dismissing CWP No.4866 of 2006, filed by the appellant. Matter pertains to partition of the joint land. Appellant’s grievance was against an amendment effected in the mode of partition. The Courts below and also the learned Single Judge has found it as a matter of fact that the mode of partition was amended taking note of a statement made by the appellant. Objection raised by the petitioner in the writ petition was dealt with by the learned Single Judge by observing as under:- “I have heard counsel for the parties and perused the impugned order. During the pendency of the partition proceedings, the petitioner made the following statement: - LPA No.1507 of 2010(O&M) “It is stated that the land under partition is measuring 12 K-09 marla. Out of this land no land be kept for without partition. Partition be made without disturbing the possession. My another land is adjoining the western side of this land therefore, my kura be prepared adjoining that land.” In response, respondent no.5's counsel made the following statement: - “It is stated that the partition be made without disturbing the possession. The value of the trees be assessed. My kura be prepared adjoining the other land owned by me and as per the necessity the rasta be kept for kura.” The Assistant Collector, Ist Grade, framed a mode of partition on 30.03.1999 that was at variance with these statements. As a consequence, the mode of partition was amended. The amended mode of partition dated 15.02.2000, reads as follows: - “Case was called. Counsel for application Shri M.L.Talwara came present. Junior counsel of counsel for respondent is present. Objections and replies filed by both the parties were considered. Arguments of both counsel were heard. There is no need to inspect the spot. Therefore, objections are disposed of and the amended mode of partition as written is passed. 1. Total land to be partitioned 12 Kanals 9 Marlas comprised in Khewat No.127 Khatauni No.458 Khasra No.51 situated in village Bela 2 LPA No.1507 of 2010(O&M) Sariana, H.B. No.386, Tehsil Mukerian, as per Jamabandi for the year 1993-94. 2. The Kurra of applicant will be made on the eastern side adjoining to his other land owned by him. Kurra of the respondent will be made on the western side. 3. Value of the trees will be assessed. 4. As per requirement Rasta of 2 Karams will be formed out of joint land. Girdawar Halqua be directed to prepare documents of partition and Naksha 'A' as per above details. File be put up on 2.3.2000.” Clause 2 of the amended mode of partition provides, that land will be allotted to respondent no.5 on the eastern side whereas the petitioner will be allotted land on the western side. It belies comprehension as to what possible grievance, the petitioner could have against the amended mode of partition as it was framed in accordance with his statement. It appears that the petitioner's endeavour is to delay partition proceedings.” We are of the opinion that no cause of grievance remains with the appellant. The mode of partition was amended taking note of his statement. No case is made out to condone delay of nine days in filing the appeal. Accordingly the application for condoning delay as well as the appeal stand dismissed. (Jasbir Singh) Judge 09.11.2010 (Augustine George Masih) 3 LPA No.1507 of 2010(O&M) gk Judge 4