Manjit Kaur And Others vs Bahadur Singh And Others on 14 September, 2009

       In the High Court of Punjab and Haryana, Chandigarh

                         LPA No. 569 of 2009

               Date of Decision: September 14, 2009

Manjit Kaur and others

                                                       ...Appellants

                               Versus

Bahadur Singh and others

                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

            HON'BLE MR. JUSTICE JASWANT SINGH

Present:    Mr. Vikas Mehsempuri, Advocate,
            for the appellants.

            Ms. Harmanpreet Kaur, Advocate,
            for respondent Nos. 1 and 2.

            Mr. Piyush Kant Jain, Addl. AG, Punjab,
            for respondent No. 3.

1.    To be referred to the Reporters or not?

2.    Whether the judgment should be reported in
      the Digest?

M.M. KUMAR, J.

The instant appeal filed under Clause X of the Letters

Patent is directed against judgment dated 4.2.2009 of the learned

Single Judge rendered in C.W.P. No. 1772 of 2009. The appellants

were respondents before the learned Single Judge. In his short order

learned Single Judge has noticed that the petitioner-respondents did

not produce the original registered Will and only a copy could be

produced. The mutation was required to be sanctioned in accordance
LPA No. 569 of 2009 2

with the original registered Will. Learned Single Judge in noticing

the aforesaid contention raised by the petitioner-respondents has

granted one more chance to them to approach the Assistant Collector

once again with the original registered Will in case they were in

possession of the same.

Learned counsel for the appellants has submitted that

since February 4, 2009, the original registered Will has not been

produced and mutation proceedings have been kept pending for a

very long time.

Having heard learned counsel for the parties, we are of

the considered view that the order dated 4.2.2009, passed by the

learned Single Judge does not as such cause any prejudice to the

rights of the appellants. However, we accept the prayer to the extent

that if the original registered Will is in possession of the petitioner-

respondent Nos. 1 and 2, the same be produced before the Assistant

Collector within a period of two months from today. If the original

registered Will is not produced on or before 14.11.2009 then the

Assistant Collector shall finalise the proceedings within 15 days

thereafter.

The appeal stands disposed of in the above terms.

                                                 (M.M. KUMAR)
                                                    JUDGE



                                               (JASWANT SINGH)
September 14, 2009                                  JUDGE
Pkapoor