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2018 Supreme(P&H) 4743

MAHESH GROVER, MAHABIR SINGH SINDHU
Virendra Singh Tomar – Appellant
Versus
State Of Haryana And Others – Respondent


Advocates Appeared:
Mr. D.S. Bali, Senior Advocate with Ms. Anshika Sharma, Advocate for the Appellant

JUDGMENT

Mahabir Singh Sindhu, J. - CM-3427-LPA-2018

    Application is allowed, as prayed for. Translated copy of order dated 30.12.2010, is taken on record.

    Main Case

    Present intra-court appeal has been preferred under Clause 10 of the Letters Patent against the impugned judgment dated 08.03.2017, passed by learned Single Judge of this Court whereby writ petition filed by the appellant has been dismissed and order of the Financial Commissioner, Haryana-respondent No.2 dated 18.02.2014 has been held to be valid.

    Appellant as well as respondent No.5 happen to be real brothers, are fighting for partition of land measuring 93 kanals, 1 marla, situated in revenue estate of village Dumara, Hadbast No.37, Tehsil Kalayat, District Kaithal, Haryana (hereinafter referred as 'land in dispute').

    2. Brief facts are that an application under Section 111 of the Punjab Land Revenue Act, 1887 (as applicable to the State of Haryana) (for short 'Act') was filed by respondent No.5 on 03.11.2009 for partition of the land in dispute before Assistant Collector, IInd Grade, Kalayat-respondent No.4 (for short 'AC-II'). After hearing both sides, application was decided and mode of partition was prepared vide o

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