Rajpal And Others vs Lakshmi Narain And Others
2023 Latest Caselaw 3839 P&H

                                                          Neutral Citation No:=2023:PHHC:054920




CM-3542-C-2023 in/&
RSA-921-2023

              IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                       CM-3542-C-2023 in/&
                                       RSA-921-2023
                                       Date of Decision :12.04.2023


Rajpal and others                                                ..Appellants



                                 Versus

Lakshmi Narain and others                                        ...Respondents


CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI


Present:    Mr. R.A. Sheoran, Advocate for the appellants.

                          ***

Harsimran Singh Sethi, J. (Oral)

In the present regular second appeal, the challenge is to

judgment and decree dated 22.08.2016 passed by the trial Court by which,

the suit filed by the respondents-plaintiffs for partition was allowed and the

respondents-plaintiffs were held entitled for 08 marlas of land as per

preliminary decree as well as to the judgment and decree dated 23.12.2022

passed by the lower Appellate Court by which, the appeal filed by the

present appellants challenging the judgment and the preliminary decree of

the trial Court dated 22.08.2016, has been dismissed.

Learned counsel for the appellants submits that while

adjudicating the entitlement of the land in question qua the respondents-

plaintiffs, 08 marlas land has been given and that too without deciding the

issue with regard to the proportionate cut in respect of the street on the land

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Neutral Citation No:=2023:PHHC:054920

CM-3542-C-2023 in/& RSA-921-2023

in question.

It may be noticed that in the regular second appeal, only the

question of perversity is to be seen in the orders passed by the Courts

below. It is a conceded position that present appellants did not participate in

the partition proceedings and were proceeded exparte and after the passing

of preliminary decree, mode of partition suggested by the Local

Commissioner in his report dated 05.11.2015 was accepted by the Court

below. All the aspects required to be taken into consideration including the

argument raised qua the grant of valuable land in favour of the respondents-

plaintiffs has been taken into consideration by the Courts below and decided

in accordance with law. All the arguments raised, have been dealt with on

the basis of the evidence, which had come on record and no perversity could

be pointed out by the learned counsel for the appellants.

Further, the appellants had liberty to challenge the objections to

the partition proceedings by participating in the same but they chose not to

avail the said remedy and were proceeded exparte. The said order of

proceeding the appellants exparte was never challenged by them hence,

once, a preliminary decree has already been framed and mode of partition

has been suggested by the local Commissioner, in the regular second

appeal, no grievance can be raised by the appellants. Once, the appellants

did not avail the liberty to raise all the objections at the appropriate stage,

the same cannot be raised now in the present regular second appeal.

Keeping in view the facts and circumstances noticed

hereinbefore as no perversity has been pointed out by the learned counsel

for the appellants in the findings recorded by the Courts below, no

interference is called for by this Court and the present regular second appeal

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CM-3542-C-2023 in/& RSA-921-2023

is accordingly dismissed.

CM-3542-C-2023

Application is also dismissed.

April 12, 2023                       (HARSIMRAN SINGH SETHI)
aarti                                          JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable :        Yes/No




                                                         Neutral Citation No:=2023:PHHC:054920

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