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2024 Supreme(P&H) 1341

PANKAJ JAIN
Virender Singh – Appellant
Versus
Ran Singh (since deceased) through his LRs – Respondent


Advocates:
Advocate Appeared:
Mr. Arun Kumar Singal Adv., Mr. Kshitij Sharma Advocate (Amicus Curiae)

JUDGMENT :

Pankaj Jain, J.

While issuing notice of motion on 23.09.2022, the following order was passed:-

    “By way of this Revision Petition petitioner seeks setting aside of orders dated 4.10.2021 (Annexure P-5); dated 3.12.2021 (Annexure P- 6); and dated 3.8.2022 (Annexure P-7) passed by the learned Civil Judge (Junior Division) Bahadurgarh by which the learned Court is stated to have again started the process of determining the share of each party for the purpose of passing preliminary decree in a suit for partition despite the fact that preliminary decree has already been passed in favour of the petitioner/plaintiff herein and against the defendant by the Additional Civil Judge (Senior Division) Bahadurgarh on 13.3.2006 (Annexure P-1).

    Counsel for the petitioner states that this preliminary decree has attained finality between the parties vide judgment dated 20.3.2008 (Annexure P-2) passed by the Additional District Judge, Jhajjar; and appeal against the final decree was remanded back by the learned Additional District Judge, Jhajjar vide judgment dated 19.8.2019 (Annexure P-4) as it was not in consonance with the preliminary decree. Counsel for the petitioner further submits that o

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