RSA No.2615 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2615 of 2010. Decided on: March 28, 2011. Khem Chand and another. .. Appellants VERSUS Diwan Chand. .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI 1. Whether reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporter? 3. Whether the judgment should be reported in the Digest? * * * PRESENT Ms.Maninderpreet Kaur, Advocate, Mr.S.S.Slar, Advocate, for the appellants. M.M.S. BEDI, J. (ORAL) CM No.7845-C of 2010 Misc. application is allowed. For the reasons mentioned in the application, delay in re-filing of the appeal is condoned. . . . 1 RSA No.2615 of 2010 Suit of the plaintiff-respondent for separate possession by way of partition of the house in dispute has been decreed by the Courts below. It has been found as a concurrent finding of fact that the property in dispute was purchased vide sale deed dated 25.04.1974. The plea of the defendants-appellants that the property stands already partition by virtue of a writing dated 11.10.2005, has been disbelieved by both the Courts. The plea of suit being bad for partial partition has not been raised or established though a weak attempt had been made to establish that the plaintiff-respondent and defendants- appellants have got another property in the shape of three shops. The said plea having not been taken, the plea of partial partition has been held to be not available to the plaintiff- respondent. In view of the concurrent finding of fact arrived at by the Courts below regarding the existence of 1/3rd share of plaintiff- respondent, I do not find any ground to interfere in the preliminary decree for partition holding that the plaintiff-respondent and the defendants-appellants are co-owners to the extent of 1/3rd share. Dismissed. (M.M.S.BEDI) JUDGE March 28, 2011. rka . . . 2