CHANAN SINGH AND ANOTHER Vs. NAZAR SINGH

JUDGEMENT

(1.) The petitioners have challenged order dated 03.05.2012, granting status quo, on an application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (here-in-after referred to as the "CPC") by the respondent regarding land falling in khasra nos.42//14/1 (2-11) and 13/1/2 (0-16) and the order dated 13.11.2013 dismissing the appeal of the petitioners maintaining the order of status quo passed by the trial Court.

(2.) In short, land measuring 85 kanal 6 marlas, situated in the revenue estate of village Bhatnura Lobana, Tehsil and District Jalandhar was ancestral property of the parties to the dispute and their brother Dhian Singh, earlier held by Mohinder Singh as a Karta in which they were all interested to the extent of 1/4th share each. The respondent filed Civil Suit No.95 of 2005 for declaration against his brothers and father alleging that he is a co-owner to the extent of 1/4th share in the suit land. The said suit was initially contested by all the defendants therein but lateron it was compromised and joint khata was partitioned on the basis of compromise dated 27.05.2006. A compromise decree was passed which has become final between the parties. According to the petitioners, the following are the relevant paragraph of the compromise:-

(3.) That thus out of the remaining land measuring 83K-16-1/2M (i.e. 84K-9M-11-1/2M passage) Shri Nazar Singh, party of the first part, is allotted and given 20K- 19M land of his 1/4th share i.e. land constituting Khasra Nos.42//6/2 (4-3), 7/2(1-18), 26(9-11), 19/1(3-9), 20/1 (4-7), 1/2 share i.e. land measuring 4 Kanals out of Khasra Nos.49//2/1 (0-9) and 21/2 (7-11), and land measuring 2K-11M out of Khasra No.42//12 (8-0) towards its southern side so as to connect the same with the said passage in the east and Khasra No.19/1 and 20/1 towards the south-west i.e. into land measuring 20K-19M, while the remainder of the said land measuring 32K-17-1/2M shall remain as the absolute and exclusive property of the parties of the second and third part namely Mohinder Singh, Chanan Singh and Dhian Singh in equal shares and they shall have a right to hire or fire the same they or anyone of them likes to the exclusion of said Nazar Singh, who having separated, shall ceased to be a member of the joint Hindu family/coparcenary from today."