IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.255 of 2010 (O&M) Date of decision: 23.2.2010 Jit Singh & others. -----Appellants Vs. State of Punjab and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Manohar Dadwal, Advocate for the appellants. ----- ORDER: 1. This appeal has been preferred against order of learned Single Judge, setting aside the order of partition on the ground that the writ petitioners who were co-sharers were not impleaded as parties in partition proceedings and were not heard. Learned Single Judge placed reliance on judgments of this Court in Mahipal and others v. State of Haryana and others 2001(2) PLJ 10 and Dhan Kaur and others v. State of Punjab and others 1983 PLJ 284. 2. We have heard learned counsel for the appellants. 3. Only contention which has been raised is that partition proceedings were finalised in the year 1993 and number of co- LPA No.255 of 2010 sharers is very large, some of whom may not even be affected and in such circumstances, direction to hear all the co-sharers was not called for. 4. Even though we do not find any ground to interfere with the view taken by learned Single Judge, we make it clear that the appellants will be at liberty to move the concerned authority and if the said authority finds that it is not necessary to hear some of the parties, as stated by learned counsel for the appellants, such authority may take appropriate decision in accordance with law. 5. The appeal is disposed of. ( ADARSH KUMAR GOEL ) JUDGE February 23, 2010 ( ALOK SINGH ) ashwani JUDGE 2