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2022 Supreme(P&H) 481

SUDHIR MITTAL
M/s Fondant Propbuild Private Limited – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Sanjiv Sharma, Sr. Advocate With; Mr. Shekhar Verma, Advocate, for the Petitioner.; Mr. Rajneesh Chadwal, Aag, Haryana.; Mr. R.S. Rai, Sr. Advocate With; Mr. Kunal Dawar, Advocate And; Mr. Aashish Chopra, Sr. Advocate With; Ms. Meher Nagpal, Advocate, for Respondent No.5.

JUDGMENT

Sudhir Mittal, J. - This judgment shall decide both the aforementioned cases as the same orders are under challenge in both cases.

2. Respondent No.5 filed two separate applications for partition of land comprised in khewat No.32 and that comprised in khewat No.33. The land comprised in khewat No.32 measures 48 kanals and that comprised in khewat No.33 measures 08 kanals. On 05.11.2012, statement of the authorized representative of the petitioner was recorded, whereby, he stated that both khewats belong to the same parties and thus, both the partition applications may be consolidated. Proposed mode of partition was received on the same date, i.e. 05.11.2012 and the petitioner submitted objections to the same. It was reiterated that the two separate partition applications be consolidated. Vide order dated 13.12.2012, the objections to the proposed mode of partition were rejected and the mode of partition was affirmed. While rejecting the objections, the Assistant Collector, First Grade held that owners of the two khewats being different, the applications cannot be consolidated. Thereafter, Naksha Bay was summoned for 18.12.2012. The petitioner filed objections on 10.01.2013 t

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