R.S.A.NO.3884 of 2005, R.S.A.No.1282 of 2005 & -1- R.S.A.No.1651 of 2005 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.NO.3884 of 2005 Date of decision:23rd October, 2009 Panmeshwari and another ......Appellants Versus Bhaiya Ram and others ......Respondents Present: Mr. Ashwani Talwar, Advocate for the appellants. Mr. Munish Jolly, Advocate for the respondents. R.S.A.No.1282 of 2005 Parsu Ram Master and others ......Appellants Versus Satbir and others ......Respondents Present: Mr. Ashwani Talwar, Advocate for the appellants. Mr. Munish Jolly, Advocate for the respondents. R.S.A.No.1651 of 2005 Mahabir and others .....Appellants Versus Sat Pal and others ......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Munish Jolly, Advocate for the appellants. Mr.Ashwani Talwar, Advocate for the respondents. R.S.A.NO.3884 of 2005, R.S.A.No.1282 of 2005 & -2- R.S.A.No.1651 of 2005 Rajive Bhalla, J.(Oral) This judgment shall dispose of R.S.A. Nos. 3884 of 2005, 1282 of 2005 and 1651 of 2005, titled as “Panmeshwari and another vs. Bhaiya Ram and others”, “Parsu Ram Master and others vs. Satbir and others” and “Mahabir and others vs. Sat Pal and others” respectively. The dispute in brief, arises from sale deeds executed by one Sona Devi, who was the original owner of the land that now belongs to the parties and relates to the access to the properties, owned by the parties. Counsel for the parties state, on instructions, from the parties who are present in Court, that in view of the pendency of a civil suit for partition, bearing no. 279 dated 25.11.2008 titled “Satbir and others vs. Hari Parkash and others”, the ownership, the nature of the suit land and its possession etc. would be determined in this suit. It is also agreed that findings recorded in the suits, subject matter of these appeals shall not prevent the court, seized of the partnership suit, from deciding as to the land that would fall to the share of each party and which portion of land is a “rasta” etc. It is also agreed that while deciding the prayer for partition, the trial court shall respect the established possession of the parties except where imperative that possession be disturbed. It is also agreed that while deciding the suit for partition, the trial court shall disregard any construction raised by any party, after the filing of the suit for partition and that during the pendency of the partition proceedings, neither party shall raise any further construction. The trial court in civil suit bearing no. 279 dated R.S.A.NO.3884 of 2005, R.S.A.No.1282 of 2005 & -3- R.S.A.No.1651 of 2005 25.11.2008, is directed to make every attempt to dispose of the suit expeditiously, preferably within a period of one year. In view of the statements made by counsel for the parties, the appeals are disposed of in accordance with the statements made by counsel for the parties. The judgments and decrees passed by the courts below are modified accordingly. [RAJIVE BHALLA] JUDGE 23rd October, 2009 Shivani Kaushik