JUDGMENT :

Satyen Vaidya, J.

Since the common question of law and facts are involved in both these appeals, therefore, the same are being decided by this common judgment.

2. By way of these Letters Patent Appeals, the appellant has assailed the judgments dated 20.8.2008 passed by learned Single Judge of this Court in CWP No. 633 of 2006 and CWP No. 634 of 2006

BRIEF FACTS :

3. Petitioner filed two separate applications under Section 123 of the Himachal Pradesh Land Revenue, Act (hereinafter referred to as the ‘Act’ in short) for partition of land comprised in Khasra Nos. 2, 3, 74, 76 and 101 situated in Tikka Chalbara, Tappa Nauhangi, Tehsil Nadaun, District Hamirpur, H.P. and land comprised in Khasra Nos. 171 and 174 situated in Tikka Lahar Nauhangi, Tehsil Nadaun, District Hamirpur before the Assistant Collector 1st Grade, Nadaun in 1991. Both the cases i.e. 36/91 & 44/91 were proceeded simultaneously. The mode of partition were framed on 23.05.1992 and final partition were sanctioned by Assistant Collector 1st Grade, Nadaun on 22.04.1994

4. Predecessors-in-interest of respondents No. 2 to 4 and respondents No. 5(i) to (viii) filed separate appeals i.e. 10 of 1994 & 27 of 1993 before t