SUKHWINDER PAL SINGH v. JOGINDER SINGH AND ANOTHER
CR/6541/2019 · 2025-04-03
Anil Kshetarpal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85326 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85326 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 118 CR-6541-2019 Date of decision: 03.04.2025 SUKHWINDER PAL SINGH ..Petitioner Versus JOGINDER SINGH AND ANOTHER ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Damanjeet Singh Sangar, Advocate for the petitioner.
ANIL KSHETARPAL, J(Oral)
1. The petitioner has filed a suit for partition on 14.10.2010. During the pendency of the suit, two applications were filed for appointment of local commissioner. The plaintiff prayed for appointment of local commissioner to demarcate the property, whereas, defendant filed application to ascertain the factual position with respect to the intervening wall. The trial Court allowed the application filed by the defendant, however, declined to appoint local commissioner to demarcate the property. This revision petition has been filed by the petitioner to assail the correctness of the aforesaid order.
2. Two different Division Benches in Harvinder Kaur and another vs. Godha Ram and another 1979 PLJ 562 and Pritam Singh and another vs. Sunder Lal and others, 1990(2) PLR 191, have consistently held that the order refusing the appointment of local commissioner to demarcate the property is ordinarily not amenable to interference in revision petition.
3. Moreover, the suit is for partition of 3 kanals and 13 marlas land. The Court will decide the case on the basis of respective shares of the co-sharers
4. Hence, no ground to interfere is made out.
5. Dismissed. April 03rd, 2025
(ANIL KSHETARPAL) Ayub
JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.04.05 12:06 I attest to the accuracy and authenticity of this order/judgment.