KRISHANJEET KAUR Vs. JASDEEP SINGH

JUDGEMENT

(1.) BRIEF facts of this Revision Petition are that the partition application filed by Sh. Jasdeep Singh son of Baljit Singh son of Sh. Jagjit Singh was dismissed by A.C. Ist Grade-cum-Tehsildar, Bathinda with the observation that a Civil Suit with regard to question of title was pending between the parties in a Judicial Court. This order was challenged in Appeal before the Collector, Bathinda, who upheld the findings of A.C. Ist Grade with the observation that the partition can take only place after the decision of the civil suit relating to question of the title between the parties. This order was challenged in Revision Petition before the Division Commissioner, Faridkot who after examination the facts of the case held that as there as no stay from the Civil Court, there was no need to delay the partition exercise. He accepted the revision petition, set aside the order of A.C. Ist Grade and the Collector and remanded the case to Tehsildar exercising the powers of A.C. Ist Grade, Bathinda for deciding the partition application on merit after hearing both the parties. Hence the Revision Petition.

(2.) BOTH the parties have argued their case and also submitted their arguments in writing. I have also perused the file. The primary point involved for decision is that during pendency of the civil suit whether the partition can continued. It, however, transpires that neither the A.C. Ist Grade nor the Collector have recorded their findings regarding the title of the nature of the Civil Suit pending among the parties.

(3.) THE petitioner, therefore, has not been able to pin point any meritable consideration, which has not been discussed by the Divisional Commissioner. There is neither any reference to the nature of civil suit nor any specific order of the Civil Court staying the proceedings of the partition. The petitioner has thus failed to establish that question of title is involved and is yet to be decided. It is a well established fact that the partition proceedings are time bound and have to be decided expeditiously. Any purposeless delay will defeat the objective for which partition procedure has been laid down. In view of my above discussion, I find no merit in the revision petition, which could call for my interference. Accordingly, the order of the Divisional Commissioner is upheld and the Revision Petition is dismissed. To be communicated and recorded. Petition dismissed.