IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letter Patent Appeal No. 841 of 2011 Date of decision:30th May, 2011 Kesar Singh .......Appellant Versus Mohinder and others ........Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. Vikas Suri, Advocate for the appellant. Jasbir Singh, J.(Oral) Civil Misc. No. 2282 of 2011 This application has been filed with a prayer to condone the delay of 57 days in refiling the appeal. Application is accompanied by an affidavit where explanation for delay in refiling has been given which we feel is sufficient. For the reasons stated in the application, the delay of 57 days in filing the appeal stands condoned. L.P.A.No. 841 of 2011 The dispute in this appeal is with regard to partition of the joint land holding of the appellant and the private respondents. Admittedly, the suit claiming declaration that the land had already been partitioned through a private petition filed by the private Letter Patent Appeal No. 841 of 2011(O&M) respondent, is pending. The matter is also going on before the Revenue Authorities. The Revenue Authorities have passed the various orders which found mentioned in the order passed by the learned Single Judge of this Court. By taking note of the pendency of the proceedings before the Civil Court and an order passed by this Court in Civil Revision No. 5889 of 2004, CWP No. 11115 of 2006, dated 8.07.2009 was dismissed by the learned Single Judge wherein it was observed as under:- “As has already been noticed, this Court vide order dated 19.1.2007 in Civil Revision No. 5889 of 2004 has ordered the parties to maintain possession in terms of the partition deeds dated 20.1.1971 and 15.10.1973. In fact the position would be that the partition deeds are subject matter of consideration before the civil Court which has been filed by Mohinder Singh, Hakam Singh and Nachhattar Singh sons of Lal Singh son of Jhagru, Nirbhai Singh and Avtar Singh sons of Parmatama Singh son of Lal Singh son of Jhagru and Gurmel Singh son of Mal Singh son of Jhagru. The order dated 14.2.2006 (Annexure P-10) passed by the Financial Commissioner is primarily based on the order dated 19.7.2004 passed by the learned Additional District Judge(Ad hoc) Fast Track Court, Ludhiana. The said order in fact has been modified by this Court vide order dated 19.1.2007 passed in the Civil Revision No. 5889 of 2004 whereby parties have been ordered to maintain possession in terms of the 2 Letter Patent Appeal No. 841 of 2011(O&M) partition deeds dated 20.1.1971 and 15.10.1973. Therefore, it would be just and expedient that in consonance with the order passed by this Court in the aforesaid Civil Revision, the parties maintain possession in terms of the partition deeds dated 20.1.1971 and 15.10.1973. The question of title in the circumstances would be considered and decided in terms of Section 117 (i) of the Act..” A reading of an order passed by the learned Single Judge makes it very clear that when writ petition was dismissed it has been noted that dispute is pending before the competent civil court regarding decision of question of title. If that is so, as per established law, order passed by the Civil Court is binding between the parties. As such, no interference can be made in this appeal. The parties are at liberty to move an application before the Civil Court for expeditious disposal of the civil suit. [JASBIR SINGH] JUDGE [RAKESH KUMAR GARG] JUDGE 30th May, 2011 Shivani Kaushik 3