CWP No.1365 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No.1365 of 2009 Date of Decision: 22 - 10 - 2009 Sadhu Ram ....Petitioner v. Registrar cum Deputy Commissioner, ....Respondents Mahendergarh at Narnaul and others CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Ajay Jain, Advocate for the petitioner. Mr.Sanjeev Kaushik, Addl.A.G., Haryana for respondents No.1 and 2. Mr.Sanjay Mittal, Advocate for respondent No.3. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner has submitted that he had entered into an agreement to sell, Annexure P5, in favour of respondent No.4. As per this agreement, he is owner in possession of 2/5th share, measuring 18 kanals in total land measuring 44 kanals 19 marlas. Counsel has referred to judgment Annexure P1 to state that his co-sharers are in litigation with respondent No.3. That litigation is now subject matter of Regular Second Appeal No.2274 of 1998. In the Regular Second Appeal, parties to the suit have been directed to maintain status quo regarding alienation. Copy of the order passed in Regular Second Appeal No.2274 of 1998 has been annexed CWP No.1365 of 2009 [2] as Annexure P3. Counsel for the petitioner submit that the land has not been demarcated between the share-holders, as possession is joint. He further submit that there is no stay operating against the petitioner to alienate his share in property. Counsel further submit that due to order of status quo passed in above mentioned Regular Second Appeal, on an application filed by respondent No.3, Sub Registrar Narnaul, District Mahendergarh was not accepting execution of sale deed in favour of respondent No.4. Counsel appearing for respondent No.3 submit that in case specific numbers are not given in the sale deed and petitioner sell his share without affecting the share which vested in the plaintiffs (co-sharers) to the suit, he will have no objection to the registration of the sale deed. Mr.Sanjeev Kaushik appearing for the State that submitted that no sale deed was presented for execution, therefore, only bald allegation has been levelled in the present writ petition. Taking into considerations the submissions made by counsel for the parties, it is ordered that in case the petitioner present a sale deed for sale of his share in the property which is having a joint Khata, the Sub Registrar, Narnaul will register the sale deed. In the sale deed, a specific recital will be made that a litigation is pending and specific numbers qua possession have not been demarcated so far co-sharers are concerned. The petition stand disposed of. ( KANWALJIT SINGH AHLUWALIA ) October 22, 2009. JUDGE RC