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G. S. SANDHAWALIA, KARAMJIT SINGH
Ram Sarup now deceased through his LRs – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. G.S. Sandhawalia, J.
CM-1958-LPA-2024
1. Application for condoning the delay of 69 days in filing the appeal is allowed in view of the averments made in the application, duly supported by affidavit of Kamla, wife of the deceased, Om Parkash, son of the deceased appellant-Ram Sarup. Delay of 69 days in filing the appeal is hereby condoned.
2. CM stands disposed of.
CM-1959-LPA-2024
3. Application has been filed for impleading the LRs of deceased-appellant, Ram Sarup who has since expired, leaving behind his LRs as mentioned in para no.1 of the application. It is further stated that the applicants have not filed any such application.
4. Accordingly, in view of the averments made in the application, duly supported by affidavit of Kamla, wife of the deceased son-Om Parkash of the deceased appellant-Ram Sarup, said is allowed. LRs as mentioned in para no.1 of the application are allowed to be brought on record, only for the purpose of pursuing the present litigation. Amended memo of parties is taken on record.
5. CM stands disposed of.
CM-1960-LPA-2024
6. Exemption application is allowed, as prayed for.
7. CM stands disposed of.
LPA-798-2024 (O&M)
8. Consideration in the present appea
Consent to the mode of partition and existing possession are paramount in determining equitable land allocation among co-sharers.
The court upheld the validity of the partition proceedings under the Punjab Land Revenue Act, affirming that due process was followed and petitioners had adequate opportunity to raise objections, whi....
Equitable allocation of land and adjustment for equitable partition are crucial in upholding the mode of partition, and disturbance of possession does not necessarily invalidate the partition.
The court upheld the partition proceedings as lawful, confirming adherence to the approved mode of partition and dismissing claims of unjust disturbance of possession.
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
Partition proceedings under the Punjab Land Revenue Act do not allow introduction of new objections after the mode of partition has been finalized, reinforcing that established practices must be adhe....
The court upheld the validity of partition proceedings, confirming adherence to legal principles and due process, dismissing petitions challenging the partition as meritless.
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