ATMA DEVI Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) The petitioners were parties in a partition application filed by the private respondents. They objected to the partition on the ground of question of title being pending before the Civil Court. The objection was rejected and appeal and revisions filed against the order have failed. Thus, the present writ petition has been filed.

(2.) Learned counsel for the petitioners has submitted that two revision petitions were filed before the Financial Commissioner because two separate applications were filed for partition of land in two different khewats. Question of title was raised in both the partition applications.

(3.) It is submitted that the Financial Commissioner was in error in dismissing the revision petitions because a question of title is pending adjudication before the Civil Court. Although, the civil suit has been dismissed, appeal thereagainst is pending.