IN THE HIGH COURT OF PUNJAB AND HARYANA 123 Vinod Singh Jarnail Singh and others CORAM: Present:- NIDHI GUPTA J. (Oral) 10.4.2023 (Annexure P (Sr. Divn.), Mukerian; and further remand the case for fresh adjudication of the application passing final decree keeping in view the report of the Local Commissioner/Field Kanungo and the order passed by the Revenue Authorities relating to partition of the land with respect to the same property between the same parties. that the suit of the respondent/plaintiff for partition of the suit property has been dismissed by the learned trial Court vide order dated 30.10.2008 (Annexure P allowed by the learned Additional District Judge, Hoshiarpur vide judgment and decree dated 07.9.2011 (Annexure P CR-3808-2023 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3808 of 2023 (O & M) Date of decision : Vinod Singh (wrongly mentioned as Vinod Kumar) Versus Jarnail Singh and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Rai Singh Chauhan, Advocate with Mr. Rohit Sapehiya, Advocate for the petitioner. Mr. Onkar Singh, Advocate for respondents No.1 and NIDHI GUPTA J. (Oral) Prayer in the present petition is for quashing of order dated 10.4.2023 (Annexure P-18) passed by the learned Additional Civil Judge (Sr. Divn.), Mukerian; and further remand the case for fresh adjudication of the application filed by the petitioner for rejection of proceedings for passing final decree keeping in view the report of the Local Commissioner/Field Kanungo and the order passed by the Revenue Authorities relating to partition of the land with respect to the same erty between the same parties. It is submitted by learned counsel for the petitioner/defendant that the suit of the respondent/plaintiff for partition of the suit property has been dismissed by the learned trial Court vide order dated 30.10.2008 e P-1). However, the appeal filed by the respondent/plaintiff was allowed by the learned Additional District Judge, Hoshiarpur vide judgment and decree dated 07.9.2011 (Annexure P 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3808 of 2023 (O & M) Date of decision :-18.08.2025 (wrongly mentioned as Vinod Kumar) …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Rai Singh Chauhan, Advocate with Mr. Rohit Sapehiya, Advocate Mr. Onkar Singh, Advocate for respondents No.1 and 2. Prayer in the present petition is for quashing of order dated 18) passed by the learned Additional Civil Judge (Sr. Divn.), Mukerian; and further remand the case for fresh adjudication of filed by the petitioner for rejection of proceedings for passing final decree keeping in view the report of the Local Commissioner/Field Kanungo and the order passed by the Revenue Authorities relating to partition of the land with respect to the same It is submitted by learned counsel for the petitioner/defendant that the suit of the respondent/plaintiff for partition of the suit property has been dismissed by the learned trial Court vide order dated 30.10.2008 the appeal filed by the respondent/plaintiff was allowed by the learned Additional District Judge, Hoshiarpur vide judgment and decree dated 07.9.2011 (Annexure P-2) and a preliminary VIJAY ASIJA 2025.08.19 18.58 I attest to the accuracy and integrity of this document decree was passed No.4524 of 2011 titled as ‘Vinod Singh vs. Jarnail Singh and others’ against the judgment and decree dated 07.9.2011, which, vide order dated 08.8.2014 (Annexure P Court. Thereafter, (Annexure P the said application of the respondent has been consigned to the record room by the learned Additional Civil Judge (Sr. Divn.), Mukerian order dated 08.1.2024; thereby rendering the present civil revision infructuou Additional Civil Judge (Sr. Divn.), Mukerian is handed over in the Court, which is taken on record. It is submit said facts, at this juncture, the present civil revision may be disposed of as infructuous. However, liberty may be granted to the petitioner to file afresh in case the suit of the respondent/plaintiff is revived. disposed of to the petitioner. August 18 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CR-3808-2023 (O & M) decree was passed. The petitioner had filed No.4524 of 2011 titled as ‘Vinod Singh vs. Jarnail Singh and others’ against the judgment and decree dated 07.9.2011, which, vide order dated 08.8.2014 (Annexure P-3) was dismissed by co Court. Thereafter, in October 2014 the respondent had filed (Annexure P-4) for passing of final decree. Learned counsel submits that the said application of the respondent has been consigned to the record room by the learned Additional Civil Judge (Sr. Divn.), Mukerian order dated 08.1.2024; thereby rendering the present civil revision infructuous. Copy of the order dated 08.1 Additional Civil Judge (Sr. Divn.), Mukerian is handed over in the Court, which is taken on record. It is submitted that therefore in view of the above said facts, at this juncture, the present civil revision may be disposed of as infructuous. However, liberty may be granted to the petitioner to file afresh in case the suit of the respondent/plaintiff is revived. Heard. In view of the above undisputed facts disposed of as having been rendered infructuous with the liberty aforesaid to the petitioner. Pending application(s), if any, shall stands disposed of. 8, 2025 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 petitioner had filed Regular Second Appeal No.4524 of 2011 titled as ‘Vinod Singh vs. Jarnail Singh and others’ against the judgment and decree dated 07.9.2011, which, vide order dated 3) was dismissed by co-ordinate Bench of this the respondent had filed an application for passing of final decree. Learned counsel submits that the said application of the respondent has been consigned to the record room by the learned Additional Civil Judge (Sr. Divn.), Mukerian vide order dated 08.1.2024; thereby rendering the present civil revision s. Copy of the order dated 08.1.2024 passed by the learned Additional Civil Judge (Sr. Divn.), Mukerian is handed over in the Court, ted that therefore in view of the above said facts, at this juncture, the present civil revision may be disposed of as infructuous. However, liberty may be granted to the petitioner to file afresh in case the suit of the respondent/plaintiff is revived. undisputed facts, the present petition is as having been rendered infructuous with the liberty aforesaid Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.19 18.58 I attest to the accuracy and integrity of this document