Pawan vs Financial Commissioner, Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(P&H) 1709

SUDHIR MITTAL
Pawan – Appellant
Versus
Financial Commissioner, Haryana – Respondent

Advocates appeared:
For the Appellant :Ms. Veena Hooda Advocate

Table of Content
1. pending suit affects partition (Para 1)
2. compromise argument and title issues (Para 2 , 3)
3. barred from raising objections post-compromise (Para 4)
4. writ petition dismissed (Para 5)

Judgment

Mr. Sudhir Mittal, J.

The petitioner was a party respondent in an application for partition. At the first instance, he raised an objection that the partition application cannot proceed as civil suit challenging the title of the applicants is pending. Vide order dated 24.08.2015 passed by the Assistant Collector, 1st Grade, Hansi, the matter was adjourned to enable the petitioner to produce relevant case law. Thereafter, the matter was taken up on 06.12.2017 and the objection was rejected on the ground that although, appeal against order of civil Court is pending, the appellate Court has not directed stay of partition proceedings. I am informed that the said order was subjected to an appeal before the Collector and the same was also dismissed. A copy of the order of the Collector is however not on record. Thereafter, sanad dated 30.09.2020 was issued, which was challenged by the petitioner before the Financial Commissioner by way of ROR dated 30.10.2020. The said ROR was disp

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