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2008 Supreme(P&H) 1671

HEMANT GUPTA, KANWALJIT SINGH AHLUWALIA
Gurdev Kaur – Appellant
Versus
Gram Panchayat Balad Kalan – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.K. Chopra, Senior Advocate, with Mr. Harminder Singh, Advocate.
For the Respondent No. 1:Mr. S.S. Salar, Advocate.

JUDGMENT

Hemant Gupta, J. - This order shall dispose of LPA No. 171 of 2004, arising out of the order dated 14.5.2003, passed by the learned Single Judge of this Court, whereby Civil Writ Petition No. 419 of 1996 filed by the Gram Panchayat was allowed, and LPA No. 31 of 2004 against the order dated 27.2.2004, passed by the learned Single Judge, whereby an application filed by the appellant for setting aside the ex-parte order dated 14.5.2003, was dismissed.

2. The relevant facts as made out from the paper book are that in the year 1974, Sarwan Singh; Sukhdev Singh; Kamikkar Singh and Chetan Singh sons of Kartar Kaur widow of Mehar Singh filed a Civil Suit for declaration that land measuring 68 bighas and 17 biswas does not vest in defendant No. 2 i.e. Gram Panchayat and that the order dated 28.7.1971 and 25.3.1974 passed by the Assistant Collector, Sangrur, are inexecutable. The said suit was decreed on 16.8.1978. The first appeal was dismissed. However, in the second appeal against the aforesaid judgment, this Court found that the jurisdiction of the Civil Court is barred vide its judgment dated 19.3.1981. However, liberty was given to the plaintiffs to seek their remedy from the


































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