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2024 Supreme(P&H) 1712

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Ajaib Singh – Appellant
Versus
Balbir Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Yadvinder Singh Turka, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The revision petition filed by the defendant Ajaib Singh challenges an order dismissing his application under Section 10 of the Civil Procedure Code, seeking a stay of proceedings in a suit for partition and separate possession filed by Balbir Singh (!) (!) .

  2. The First Suit was initiated by the respondent-plaintiff, Balbir Singh, for partition of land and a permanent injunction, filed on 22.04.2021, claiming a specific share in the property (!) .

  3. The petitioner, Ajaib Singh, also filed a subsequent suit challenging mutation entries related to the same property and seeking a permanent injunction to prevent interference with his possession (!) .

  4. The application under Section 10 was contested and ultimately dismissed by the trial court, which led to the present revision petition (!) .

  5. The petitioner argued that since the mutation entries, which formed the basis of the First Suit, were under challenge in the Second Suit, the proceedings in the First Suit should be stayed to prevent unnecessary adjudication (!) .

  6. The court rejected this argument, emphasizing that the suit for partition necessitates a determination of each party’s share, which cannot be finalized without adjudicating the rights of the parties in the First Suit (!) (!) .

  7. The court viewed the Second Suit as a delaying tactic rather than a genuine challenge to the mutation entries, noting that the First Suit's purpose was to establish entitlement to a share in the property, which required ongoing proceedings (!) .

  8. The court found no illegality or perversity in the trial court’s order dismissing the stay application and dismissed the revision petition accordingly (!) (!) .

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JUDGMENT :

Harkesh Manuja, J. (Oral)

The petitioner-defendant No. 1, by way of present revision petition, seeks setting aside of the order dated 10.10.2023 (Annexure P-9) passed by learned Civil Judge (Junior Division), SAS Nagar/Mohali (hereinafter to be referred as 'trial Court'), in Civil Suit No. 334 of 2021, titled 'Balbir Singh Versus Ajaib Singh & Ors. ' (hereinafter to be called as 'First Suit'), whereby an application under Section 10 of the Code Civil Procedure, filed at the instance of petitioner-defendant No.1, for seeking stay of the proceedings of First Suit for separate possession by way of partition, filed at the instance of respondent-plaintiff, stands dismissed.

2. Briefly stating, respondent-plaintiff No. 1 first filed a suit for separate possession by way of partition, claiming 1/12th share in land comprised in Kh/Kh No. 342/331/364 bearing Khasra No. 250 (0-5), situated within the area of Village Mataur, H.No. 7, Tehsil & District SAS Nagar as per jamabandi for the year 2013-14, besides claiming a decree for grant of permanent injunction restraining the defendants from raising construction or alienating the same in any manner. The aforesaid said / First Suit was f

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