INDERJIT KAUR Vs. BALWINDER KAUR

JUDGEMENT

(1.) By way of present revision petition, challenge has been laid to the orders dtd. 29/1/2025 and 11/4/2025 passed by the Court of learned Additional Civil Judge (Senior Division), Amloh, whereby a Local Commissioner was appointed and later objections filed against his report by the petitioner were dismissed; besides laying challenge to the report dtd. 11/2/2025 submitted by the Local Commissioner as well.

(2.) In the present case, dispute relates between the two sisters regarding the estate left by their deceased-father, namely Ajit Singh, who constructed two residential houses in Village Kukar Majra, now within the municipal limits of Mandi Gobindgarh. The two houses were situated in Khasra No.661/111 (0 bigha-06 biswa) and khasra No.92 (0 bigha 3 biswa) respectively. After the death of their parents, the dispute arose between the two sisters and two separate suits i.e. one suit for partition as well another suit for rendition of accounts were preferred by the respondent herein.

(3.) The present revision petition is an offshoot of the suit for rendition of accounts. The Trial Court vide judgment and decree dtd. 26/3/2013 decreed the suit for rendition of accounts in favour of respondent-plaintiff. The appeal preferred against the same at the instance of petitioner-defendant was dismissed by the First Appellate Court vide its judgment and decree dtd. 16/9/2013, followed by dismissal of Regular Second Appeal No.613-2014 vide decision dtd. 27/8/2018 by this Court. In the meanwhile, the respondent-plaintiff moved an application on 14/3/2016 for grant of final decree in the suit for rendition of accounts, wherein, issues were framed on 1/9/2021 and the parties led their respective evidence. During its pendency, the Court vide its order dtd. 1/2/2024 directed the petitioner-defendant to render the accounts. The petitioner-defendant having failed to comply with the same; the respondent-plaintiff (decree-holder) filed an application for appointment of local commissioner, which came to be allowed vide order dtd. 29/1/2025 thereby appointing Sh. S.C. Luttava, Advocate, Civil Court, Amloh as the Local Commissioner.