Sardar Manjeet Singh Kochhar vs . Guljit Singh
2024 Latest Caselaw 14590 HP

Himachal Pradesh High Court

Sardar Manjeet Singh Kochhar vs . Guljit Singh on 26 September, 2024

Sardar Manjeet Singh Kochhar vs. Guljit Singh Kochhar & others

.

FAO(OS) No.13 of 2024 a/w

FAO(OS) No.20 of 2024 FAO No.13 of 2024 26.09.2024 Present: Mr. Y.P. Sood, Advocate, for the appellant.

Mr. B.R. Verma, Advocate, for respondent No.1. Mr. Abhimanyu Ratbor and Ms. Poonam Gehlot, Advocates, for respondent No.2.

FAO No.20 of 2024

Mr. Abhimanyu Ratbor and Ms. Poonam Gehlot, Advocates, for the appellant.

Mr. Y.P. Sood, Advocate, for respondent No.1 Mr. B.R. Verma, Advocate, for respondent No.2.

1. These appeals are directed against the judgment dated

31st May, 2024, passed by the learned Single Judge. Via the

impugned judgment, the learned Single Judge has recalled the

earlier judgment dated 27th June, 2019 passed by a Coordinate

Bench.

2. To put it pithily, the impugned judgment, recalling the

earlier judgment and decree, is based on failure to disclose the

subsistence of purported registered gift deed dated 19th March,

1986. This gift deed appears to have been registered with the

office of Sub Registrar, Shimla in favour of the appellants in the

above captioned appeals.

3. What is also not in dispute is that the appellants have

acquired rights in the subject property named as "Willow Bank

Estate" and "Willow Bank" Cottage via aforementioned gift

deed. It is also not in dispute that both gift deed and

aforementioned property are subject matter of the suit action

-2-:

i.e. CS(OS) No.2552 of 2014 by virtue of counter claim preferred

.

by the respondents.

4. Therefore, we may note that the partition suit, which is

filed on the original side of this Court, i.e. CS No.24 of 2018,

also concerns the subject properties. Apart form anything else,

there is palpable probability of a conflict arising between the

judgment and decree that would be passed by the Delhi High

Court and this Court. Concededly the appellants are in possession

of their respective shares in the subject property. Thus, for the

moment the interests of the appellants are secured. The

applicant, at whose behest the judgment dated 27th June, 2019

was recalled, is also a sibling of the appellants. There are, we are

told, other claimants as well, alongwith others who claim rights

in the subject property.

5. Therefore, learned counsel for the appellants will take

instructions in the matter as to whether they would want to

proceed with the suit action pending in this Court.

6. List on 30th September, 2024.

( Rajiv Shakdher ) Chief Justice

( Satyen Vaidya ) Judge September 26, 2024 (vt)