Lt Col. Paramjit Singh Dhillon vs Harinder Singh Ghuman

2. Both the appeals although arise from separate orders passed in the independent proceedings instituted but relates to partition of the estate of late Col. Kultar Singh Dhillon (for short K.S. Dhillon) who expired on 6th January, 2012 leaving behind 1 two legal heirs, i.e. son Lt. Col. Paramjit Singh Dhillon and daughter Smt. Harinder Singh Ghuman.

4. The brief facts are that late Shri K.S. Dhillon died on 6 th January, 2012 leaving behind two legal heirs, i.e. son Lt. Col. Paramjit Singh Dhillon and daughter Smt. Harinder Singh Ghuman. Their mother and wife of late Shri K.S. Dhillon, Smt. Jatinder Kaur passed away on 1st June, 2004. There are no other legal heirs except the two siblings, namely, Smt. Harinder Singh Ghuman and Lt. Col. Paramjit Singh Dhillon who are senior citizens and are aged 69 years and 67 years.

8. The suit for partition bearing CS(OS) No. 373 of 2012 was filed by Smt. Harinder Singh Ghuman on 14 th February, 2012 in the original side of the Delhi High Court. Lt. Col. Paramjit Singh Dhillon (defendant) appeared on 15th February, 2012 and the 3 parties were directed to maintain status quo with regard to the estate left behind by their father late Shri K.S. Dhillon. The defendant in the suit Lt. Col. Paramjit Singh Dhillon filed his written statement and on the basis of the pleadings of the parties, issues were framed on 30th January, 2015, the matter was proceeded for recording of evidence before the local Commissioner.

12. The respondent(plaintiff) Lt. Col. Paramjit Singh Dhillon filed a suit in the Court of Civil Judge, Senior Division, SBS Nagar, Punjab seeking declaration that the respondent-plaintiff is the absolute owner and possession of the properties indicated in the suit plaint on the basis of the will of late Shri K.S. Dhillon. The suit filed at the instance of the respondent- plaintiff in Punjab includes the estate of late Shri K.S. Dhillon and to give jurisdiction to the Civil Judge in SBS Nagar, included the property which is situated in the territorial jurisdiction of Civil Judge, SBS Nagar which in fact as alleged belongs to late 6 Smt. Jatinder Kaur (their mother). That late Smt. Jatinder Kaur succeeded to the property from her maternal side.

22. So far as the plea raised by Smt. Harinder Singh Ghuman in the pending suit before the SBS Nagar, Punjab is concerned, the trial Judge has taken note of the facts in detail and arrived to the conclusion that no useful purpose will be served in taking additional issues 3A and 3B as the preliminary issues taking note of the fact that the suit was filed in the year 2012 and proceedings could not have been followed up further because of the interim applications being filed one after the other and there is a direction of the High Court to dispose of the pending suit expeditiously, in the given circumstances, the trial Judge felt it appropriate that the matter be decided along with the other issues pending adjudication and that view has been 12 confirmed by the High Court in its revisional jurisdiction assigning cogent reasons. We are of the view that the reasons assigned are unassailable.

24. Consequently, both the appeals are devoid of merit and accordingly dismissed. It is further directed that Suit C No. 121/12(new no. being C No. 18704 of 2013) filed by Lt. Col. Paramjit Singh Dhillon in the Court of Civil Judge, Senior Division, SBS Nagar, Punjab be transferred alongwith the records and be tagged along with suit for partition bearing CS(OS) No. 373 of 2012 filed by Smt. Harinder Singh Ghuman on the file of the Delhi High Court and be further tried from that stage. Since both the litigating parties are senior citizens and their matters are pending for the last seven years, the High Court of Delhi is requested to decide the matter as expeditiously as possible.

25. Copies of the orders may be sent to the concerned Courts for necessary compliance.

26. Pending application(s), if any, stand disposed of.