224

2023:PHHC:064093

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

COCP-2154-2022 (O&M)

Date of decision: 04.05.2023

Satpal Kaur

....Petitioner

Versus

Ajmer Singh and Ors

....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Mohan Singla, Advocate

for the petitioner.

Ms. Balpreet K. Sidhu, Advocate

for respondents No.1 to 4.

ARVIND SINGH SANGWAN J. (Oral)

CM-7745-CII-2023

Heard.

Allowed as prayed for.

Written statement along with documents (Annexures R-1/1

to R-1/8) are taken on record subject to all just exceptions.

COCP-2154-2022 (O&M)

The petitioner alleges non-compliance of the order dated

21.07.2022 passed in CWP No.15531 of 2022, vide which a direction

was issued to the Financial Commissioner Revenue, to decide the

revision petition filed against the partition proceedings by the Courts

below and till then, stay of dispossession was granted.

While disposing of the writ petition, issuance of notice of

motion was dispensed with and the writ petition was disposed of with a

direction to the Financial Commissioner to take up pending revision on

MOHD YAKUB

2023.05.05 10:00

I attest to the accuracy and authenticity of

this document

Punjab and Haryana High Court,

Chandigarh.

the next date of hearing and till the decision of the said application, it

was directed that there will be a stay of dispossession.

Counsel for the respondent has placed on record the

proceedings initiated in pursuance to the partition order. On

04.07.2022, the Field Kanungo after doing the proper demarcation has

handed over the possession of the property to the respondent as per the

Sanad Taksim and in this regard, on 04.07.2023, a DDR was also

registered by ASI of the local police station and warrants of possession

is executed and the possession is delivered to Waryam Singh and others

after demarcation of the fields by the Kanungo and Patwari as well as

the Naib Tehsildar. Counsel for the respondent has further submitted

that the complete copy of this report has not been placed on record.

Be whatsoever, since on the fact of it, the possession stands

delivered prior to order of stay, no willful disobedience of the order is

made out.

Dismissed.

(ARVIND SINGH SANGWAN)

JUDGE

04.05.2023

yakub

Whether speaking/reasoned:

Yes/No

Whether reportable:

Yes/No

MOHD YAKUB

2023.05.05 10:00

I attest to the accuracy and authenticity of

this document

Punjab and Haryana High Court,

Chandigarh.