CWP No. 12369 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH CWP No. 12369 of 1989 Date of decision : March 14, 2011 Surjit Kaur and another ...Petitioners Financial Commissioner (Power & Irrigation), Punjab at Chandigarh and others ...Respondents Present: Mr. O. P. Goyal, Senior Advocate with Ms. Shpra Saini, Advocate for the petitioner. Ms. Reeta Kohli, Additional Advocate General, Punjab. **** K. Kannan, J (Oral) 1. The writ petitioner had filed a petition for partition of the property before the Assistant Collector, Jagraon, District Ludhiana. This was on the basis of a decree for joint possession that he held with the fifth respondent Sarwan Singh. The fifth respondent contested the petition by stating that the Civil Court decree was not final and it was pending consideration in RSA No.1298 of 1988. This objection was upheld by the impugned order. 2. Learned Senior counsel for petitioners states that second appeal filed by the fifth respondent was withdrawn on 7.5.2002. It is not very clear whether there has been any understanding between the parties on the basis of which it was withdrawn. In any event, having regard to the withdrawal of the proceedings the objection taken by the fifth respondent for the need to discontinue the proceedings before the Assistant Collector could no longer survive. 3. The impugned order is therefore quashed and the CWP No. 12369 of 1989 2 petitioner shall be at liberty to prosecute the petition for partition before the authority if there has been no agreement or compromise between the parties pursuant to the decree for joint possession of the petitioner with the fifth respondent. The writ petition is disposed of in the above terms. (K. KANNAN) JUDGE March 14, 2011 archana