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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Malkiat Singh – Appellant
Versus
Surjeet Singh – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
The plaintiffs are in appeal against the judgment dated 05.05.1992 passed by the 1st Appellate Court, allowing the appeal of the respondents no.1, 2 and 4 (defendants no.1, 2 and 4). The primary ground of challenge raised before this Court is that the cross-objections filed by the plaintiffs against the partial decree of the trial Court dated 15.06.1989 have not even been noticed much less considered by the 1st Appellate Court.
2. Learned counsel for the appellants has submitted that in the present case, the present appellants (plaintiffs) had filed a suit for declaration to the effect that the plaintiffs were joint owners in possession of 2/3rd share of land measuring 12B-19B-5B (pukhta) comprised in khewat no. 852, 850, 851, 591, khatauni no.1252, 1253, 1254, 1250, 1251, 892, 893, 894, 895, 896 and khasra nos.12831, 12832, 12833, 12820 min, 12830 min situated in the revenue estate of Killa Raipur, Tehsil and District Ludhiana as per jamabandi for the year 1981-82. It is submitted that a similar prayer was made with respect to one plot as well as one house, the boundaries of which were detailed in the plaint and a further prayer was made for permanent
An appellate court cannot set aside a trial court's decree favoring a party without a challenge from the opposing party, ensuring the principle of finality in unchallenged judgments.
Res Judicata applies in property disputes, preventing reopening of previously adjudicated claims unless properly challenged. Concurrent findings of fact regarding title and possession are only overtu....
The main legal point established in the judgment is the entitlement of a daughter as a coparcener under the Central Act, 2005, and the requirement to prove a Will in the manner known to law.
The appellate court must acknowledge and consider all parties' submissions, including cross-objections, during appeal, or it risks committing material irregularities in its decision-making.
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