IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

126 RSA-3116-2024(O&M)

Date of order: 07.01.2025 Rattan Singh …..Appellant(s)

Vs.

Sarita Devi & Another …..Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Man Mohan, Advocate Mr. Pronoy Srivastava, Advocate for the appellant.

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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 respec