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2018 Supreme(HP) 998

TARLOK SINGH CHAUHAN
Ran Vijay Singh – Appellant
Versus
Jai Raj – Respondent


Advocates Appeared:
Mr. Rupinder Singh, Advocate, for the Appellant; Mr. Bimal Gupta, Senior Advocate, with Ms. Rubeena Bhatt, Advocate, for the Respondent

JUDGMENT

Tarlok Singh Chauhan, J. - This appeal is directed against the judgment and decree dated 31. 5. 2017 passed by learned District Judge, Sirmaur District at Nahan, H. P. in Civil Appeal No. 116-CA/13 of 2016 whereby he upheld the order passed by learned Civil Judge (Senior Division), Sirmaur District at Nahan on 16. 8. 2016 dismissing the objections filed by the appellant to the mode of partition suggested by the Local Commissioner and at the same time passed a final decree for partition of the suit land in accordance with such mode.

2. The facts as are necessary for the disposal of this appeal are that initially respondent/plaintiff filed a Civil Suit No. 82/1 of 2009 for passing preliminary decree of partition of the suit property comprising of Khata/Khatauni No. 78 min/118 min, Khasra Nos. 106, 107, 108, 110, 2339/114, 193 and 191 total measuring 1058-54 sq. mtrs. situated in Mohal Nahan (Mohalla Chakrera), Tehsil Nahan, District Sirmaur, H. P. (hereinafter referred to as the suit property). Vide its judgment and decree dated 21. 12. 2009, the learned trial Court passed preliminary decree for partition.

3. Thereafter, respondent/plaintiff filed application No. 88/6 of 2010

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