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2023 Supreme(P&H) 811

KARAMJIT SINGH
Om Pati – Appellant
Versus
Hawa Singh – Respondent


Advocates appeared:
Mr. Baldev Singh Badhran, Advocate, for the appellants.

KARAMJIT SINGH, J.

For convenience, the parties herein are described as per the recitals before the learned trial Court.

2. Having suffered concurrent adverse findings by two Courts below, the plaintiffs are in second appeal before this Court assailing the learned trial Court judgment and decree dated 30.9.2016, as upheld by the learned first Appellate Court vide its judgment and decree dated 30.8.2017.

3. Briefly stated the facts of the case of the plaintiffs are that the plaintiffs and defendants were co-sharer in the joint land. Defendant No.1-Hawa Singh filed an application for partition of the said land in the Court of Assistant Collector, 1st Grade, Kaithal; that the plaintiffs were not served any notice of the partition proceedings and the partition proceedings were conducted at the back of the plaintiffs and the partition proceedings were finally decided by the AC, 1st Grade, Kaithal on 11.5.2010 without following proper procedure and thus, the entire partition proceedings are liable to be set aside being illegal, null and void. Consequently, the plaintiffs filed suit for declaration that the partition proceedings which were initiated on 18.1.2009 and decided on 11.5.2010 and

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