RATTAN SINGH Vs. SARITA DEVI

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree dtd. 13/9/2024 passed by the learned Additional District Judge, Bhiwani in Civil Appeal No.676 of 2017; and it is prayed that the judgment and decree dtd. 15/11/2017 passed by the learned Civil Judge (Senior Division), Bhiwani Bhiwani in Civil Suit No.9415 of 2014 may be affirmed.

(2.) Learned counsel for the appellant/defendant submits that there was no occasion for the learned lower Appellate Court to reverse the well-reasoned reasoned judgment dtd. 15/11/2017 of the learned trial Court wherein in Para 11 it has been categorically recorded and admitted that the suit land already stood partitioned between the parties. It is submitted that accordingly, there was no cause or occasion for fresh partition to take place between the parties. Learned counsel contends that the act of construction of houses ses by the parties upon their respective shares of the suit land, amounts to the parties acting upon the mutual private partition without any kind of opposition since long. It is argued that any fresh part partition ition would only be a formality. Thus, the suit land having already been partitioned,, no fresh partition of the same can be ordered. It is reiterated that the Suit land had been mutually partitioned between the parties long ago and the co-sharers are in the possession of their respective shares and had eve even n constructed their houses upon their respective shares. It is accordingly prayed that the impugned judgment and decree dtd. 13/9/2024 passed by the ld. Additional District Judge, Bhiwani be set aside; and the judgment and decree dtd. 15/11/2017 passed by the learned Civil Judge (Senior Division), Bhiwani in Civil Suit No.9415 of 201 2014 may be affirmed.

(3.) No other argument is made on behalf of the appellant.