CM No.9506-07-C of 2008 & RSA No.3183 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.9506-07-C of 2008 & RSA No.3183 of 2008 Decided on : 23.10.2009 Usha Rani ... Appellant versus Harwinder Singh & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Puneet Sharma, Advocate for the appellant. Mr. N.S.Sodhi, Advocate for respondent No.1. 1.Whether Reporters of local newspapers 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? AJAY TEWARI, J. (ORAL) 9506-C of 2008 For the reasons mentioned in the application, delay of 4 days in filing the appeal is condoned. CM stands disposed of. RSA No.3183 of 2008 This appeal has been filed by the appellant-defendant impugning some observations made by the ld. Appellate Court even though the suit filed by the respondent-plaintiff has been concurrently dismissed. The respondent filed a suit for permanent injunction restraining the appellant from interfering in his possession over a CM No.9506-07-C of 2008 & RSA No.3183 of 2008 -2- particular parcel of land. Both the courts below have found that the parties are co-sharers along with other persons and that the respondent was not able to prove his established possession and have consequently relegated the parties to the remedy of partition. While dismissing the appeal and giving the correct direction that while carrying out the partition, the Revenue Authority would keep in mind the sale deeds of various parties, the Ld. Appellate Court has however, also made some observations about the extent of land owned by Ajit Singh in Khasra No.174. The only contention of the learned counsel for the appellant is that having held the entire land to be joint, there was no necessity for the ld. Appellate Court to return any finding on this aspect. Learned counsel for the respondent has fairly stated that the respondent will file partition as per law and that the Revenue Authority would be free to decide the partition application in accordance with law without being influenced by the findings of the ld. Appellate Court on the extent of holding of Ajit Singh in Khasra No.174. With this observation, this appeal and application for stay are dismissed. October 23, 2009 (AJAY TEWARI) sonia JUDGE