MAHINDER SINGH Vs. JASWANT KAUR

JUDGEMENT

(1.) The present Review Petition under Order XLVII Rule 1 read with Sec. 114 of the Code of Civil Procedure, 1908 ('CPC' hereinafter) has been filed by the Petitioner/Plaintiff for review of Order dtd. 14/5/2024 passed by this Court, in the present Civil Suit.

(2.) The Petitioner/Plaintiff had filed the present Civil Suit No. CS (OS) 1201/2012 for Partition, Possession and Permanent Injunction in respect of of his share of property inherited from late Sh. Sewa Singh, his father against Smt. Jaswant Kaur, his mother and his six siblings and other legal heirs.

(3.) All the Respondents, except Kuljeet Singh, who was earlier Defendant No.2 and after demise of Smt. Jaswant Kaur is Defendant No.1, filed a joint Written Statement on 29/4/2013 wherein an averment was made that Sardar Sewa Singh, during his life time had divided his properties amongst his legal heirs and the division took place orally and the legal heirs were given the possession of their respective shares. They removed all prior construction and raised their construction in their respective shares as per their requirement and started living in the properties separately. Some of the properties were sold and sale proceeds of those properties were distributed equally amongst the legal heirs.