RSA No. 904 of 2007 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 904 of 2007 (O&M) Date of Decision: October 09, 2009 Bhagwanti and others ...... Appellants Versus Ram Parkash ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Hemen Aggarwal, Advocate for the appellants. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This appeal has been filed against the judgment of the learned lower Appellate Court reversing that of the trial Court and thereby decreeing the suit of respondent No.1 for partition of the house left behind by father of the parties viz. Khushi Ram. The following questions have been proposed:- 1. Whether the judgment and decree passed by the Addl. Distt. Judge, Rohtak which is against law is sustainable in the eyes of law? 2. Whether when the right of inheritance has been excluded by the plaintiff by way of will, can he still claim share in the property, particularly when the will is fully proved on the record of the case? 3. Whether the suit filed by the plaintiff after 14/15 years of the RSA No. 904 of 2007 (O&M) 2 death of the father is sustainable in the eyes of law? It would be seen that all the questions are pure questions of fact. Learned counsel has not been able to persuade me that the findings thereon are either based on no evidence or on such misreading of evidence so as to be liable for interference under Section 100 C.P.C. Consequently the appeal as well as the application for stay are dismissed. No costs. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE October 09, 2009 sunita