Civil Revision No. 4329 of 2009 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4329 of 2009 Date of Decision: 03-08-2009 Harjinder Singh and others ......Petitioners Versus Davinder Singh and others .......Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Rajinder Kumar Singla, Advocate, for the petitioners. HEMANT GUPTA, J. (Oral). The defendants are in revision petition aggrieved against the order passed by the learned first Appellate Court on 15.4.2009, whereby the defendants were restrained from alienating the suit property. The parties are co-sharers. The defendants rely upon a family settlement in proof of their exclusive possession of the portion of the joint property. However, such family settlement has not been given effect to in the revenue record, which as per the learned counsel for the petitioners is inconsequential. Reliance is placed upon Ajmer Singh v. Dharam Singh, 2006(2) PLR 25. Learned counsel for the petitioners contends that even if the family settlement is not accepted, the defendants as co-owners have a right Civil Revision No. 4329 of 2009 (2) to sell the property to the extent of their share, whereas the actual possession is to be granted at the time of partition of the joint land. There is no dispute about the argument raised by the learned counsel for the petitioners in view of the full Bench judgment of this Court in Bhartu v. Ram Sarup, 1981 PLR 204. In view of the said fact, the order passed by the learned first Appellate Court may not be legally sustainable, but since the learned counsel for the petitioners states that for the time being, the petitioners have no intention to sell the property in question, I do not feel any necessity to examine the issue any further. However, it shall be open to the defendant- petitioners to move an appropriate application before the learned trial Court as and when the defendants want to sell their share of the suit land, subject to the right of partition in partition proceedings. Such application shall be decided without taking into consideration finding recorded in the order impugned in the present revision petition. The present petition is disposed in the above terms. (HEMANT GUPTA) JUDGE 03-08-2009 ds