Sudershan Sewa Trust Amritsar vs Vishnu Processors Amritsar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 756

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Sudershan Sewa Trust Amritsar – Appellant
Versus
Vishnu Processors Amritsar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Umesh Aggarwal, Advocate

JUDGMENT :

Nidhi Gupta, J.

Challenge in the present appeal is to the judgment and decree dated 13.09.2024 passed by the learned Additional District Judge, Bhiwani in Civil Appeal No.676 of 2017; and it is prayed that the judgment and decree dated 15.11.2017 passed by the learned Civil Judge (Senior Division), Bhiwani in Civil Suit No.9415 of 2014 may be affirmed.

2. Learned counsel for the appellant/defendant submits that there was no occasion for the learned lower Appellate Court to reverse the well-reasoned judgment dated 15.11.2017 of the learned trial Court wherein in Para 11 it has been categorically recorded and admitted that the suit land already stood partitioned between the parties. It is submitted that accordingly, there was no cause or occasion for fresh partition to take place between the parties. Learned counsel contends that the act of construction of houses by the parties upon their respective shares of the suit land, amounts to the parties acting upon the mutual private partition without any kind of opposition since long. It is argued that any fresh partition would only be a formality. Thus, the suit land having already been partitioned, no fresh partition of the same

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