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2017 Supreme(P&H) 2316

B.S.WALIA
Jagdish – Appellant
Versus
Bala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rakesh Nehra, Advocate
For the Respondents:Mr. J.S. Cooner, Advocate

JUDGMENT :

B.S. WALIA, J.

1. Revision petition has been filed challenging order dated 13.05.2016, passed by the learned Additional Civil Judge (S.D.), Gohana, whereby application filed by the defendant petitioner under Order VI Rule 17 CPC for amendment of written statement was dismissed.

2. Brief facts of the case as set up by the defendant petitioner are that one Teku s/o Sukh Lal purchased 4 acres of land in the year 1963-64 from Puarn son of Net Ram in the year 1981. Dharampal s/o Puran s/o Net Ram filed a suit for pre-emption against Teku and the same was decreed in the year 1996. Appeal filed by Teku was dismissed in the year 1989 as was RSA No.2410 of 1989 on 07.05.2010 and SLP vide order dated 01.10.2010. Pursuant to the dismissal of the SLP, Dharampal took possession of the land in question by filing execution petition in the year 2011.

3. While Teku was in possession of land, Shiv Kumar and other co-sharers of Teku filed a suit for partition as well as for joint possession of the properties in the hands of Teku in the year 2004 in which stay was granted by the learned trial Court against alienation of the property in question. During the operation of the stay orders, Teku sol

















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