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2016 Supreme(P&H) 2986

DARSHAN SINGH
Garja Singh – Appellant
Versus
Ram Singh – Respondent


Advocates Appeared:
For the Appellant :Amit Jain, Advocate.

JUDGMENT :

DARSHAN SINGH, J.

1. This Regular Second Appeal has been preferred by defendants no.3, 4, 5 and 7 against the judgment and decree dated 19.10.2015 passed by the learned Additional District Judge, S.A.S Nagar, Mohali, vide which the appeal filed by them against the judgment and decree dated 27.08.2013 passed by the learned Additional Civil Judge (Sr. Division), Kharar, has been dismissed.

2. Plaintiffs-respondents no.1 and 2 moved an application for passing the final decree for final partition by metes and bounds in respect of 5/9 share in the suit property. They had filed a suit for separate possession by way of partition. The preliminary decree was passed on 15.02.1992 by the learned trial Court. The appeal preferred against the preliminary decree was dismissed. Hence this application.

3. In the reply filed by the appellants-defendants, the factum regarding passing of the preliminary decree was admitted. It was also admitted that Jita Singh @ Ajit Singh, the predecessor-in-interest of the appellants has purchased the share of Sham Kaur and Nachhattar Kaur. However, it was pleaded that the parties were already in separate possession of their respective shares as per the fami




















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