C.R No.5556 of 2006 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 5119 CII of 2010 and C.R No.5556 of 2006 (O&M) Date of decision : March 02, 2010 Sat Kartar Singh, ...... Petitioner (s) v. Land Acquisition Collector & another, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Naveen Batra, Advocate for the petitioner. Mr. Rajinder Sharma, Advocate for respondent No.2. *** 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) C.M.No.5119 CII of 2010 For the reasons recorded, C.M is allowed subject to just exceptions. Persons mentioned in paragraph 2 of the application are permitted to be impleaded as L.Rs of respondent No.2 who is stated to have expired on 5.1.2010. Registry is directed to carry out necessary correction in the memo. of parties. C.R No.5556 of 2006 C.R No.5556 of 2006 (O&M) ::2:: Counsel for respondent No.2 states that L.Rs No. (i) to (iii) have signed vakalat nama in his favour but L.R No. (iv) has not. Considering the fact that interest of these L.Rs is similar to each other, I deem it appropriate to dispense with the service of L.R No. (iv) of respondent No.2 at this stage. This petition has been filed against the order dated 21.7.2006 allowing the application of respondent No.2 under Section 10 of the CPC and thereby staying the proceedings under Sections 18 & 30 of the Land Acquisition Act, 1894. It is not disputed that the property in dispute bears No.821/IV- 19, situated at Bazar Muniara, Amritsar. Respondent No.2 has asserted that this property is a part of a property earlier called as Bunga Sardar Gajinder Singh and that a dispute in respect of the said Bunga is pending adjudication before this Court by way of RSA No.5012 of 1999. Counsel for the petitioner, however, asserts that the property in dispute is not a part of the said Bunga and, thus, doctrine of Section 10 of the CPC would have no applicability. After arguing for some time, both counsel have agreed that it would be in the interest of justice if the Land Acquisition Tribunal frames an issue; whether the property in dispute is a part of Bunga Sardar Gajinder Singh. Ordered accordingly. In case, on this preliminary issue the Tribunal finds that the property in dispute is the part of the property earlier known as Bunga Sardar Gajinder Singh, further proceedings would remain stayed. In case, the Tribunal comes to the conclusion that the property in dispute is not a part of Bunga Sardar Gajinder Singh, proceedings would continue. Resultantly, this petition is allowed in the above terms, and the C.R No.5556 of 2006 (O&M) ::3:: order dated 21.7.2006 is set aside. Parties, through their counsel, are directed to appear before the Land Acquisition Tribunal on 19.3.2010. As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) March 02, 2010. JUDGE `kk'