Gurdev Singh vs Balwant Singh And Others on 15 April, 2009

In the High Court of Punjab and Haryana at Chandigarh


Civil Revision No. 1926 of 2009

Date of decision: April 15, 2009


Gurdev Singh
                                                        .. Petitioner

                   Vs.

Balwant Singh and others
                                                        .. Respondents

Coram:       Hon'ble Mr. Justice A.N. Jindal

Present:     Mr. Manish Bansal, Advocate for the petitioner.

A.N. Jindal, J

The only ground challenging the partition proceedings is that
the partition conducted by the Revenue Department is bad for partial
partition. The petitioner could raise such objections before the Revenue
Court only. The learned counsel for the petitioner has relied upon the
judgment rendered in case Sri Thimmaiah vs. Shabira and Ors. 2008 (2)
CCC 277 (SC), stating that the plaintiff has to establish that he is in
possession in order to entitle him for a decree for permanent injunction, but
the present case is on different footings. The partition order was passed by
the Revenue Court which is being executed.

In the circumstances this order apparently does not suffer from
any illegality.

Dismissed.

April 15, 2009                                          (A.N. Jindal)
deepak                                                        Judge