SUSHIL KUMAR Vs. ANAND SARUP

JUDGEMENT

(1.) Through this second appeal third party objector has laid challenge to order dated 05.10.2019 of lower Appellate Court, affirming, order of Executing Court dated 30.11.2018, whereby his objections were dismissed.

(2.) Briefly, deceased respondent No. 1-Anand Sarup and his children filed a suit for partition against respondent No. 2-Smt. Rattan Bala, pleading that they were co-sharers to the extent of 1/2 share each being joint purchasers of the suit land measuring 1 Bigha, situated at village Abdulahpur, Tehsil Kalka, District Ambala. The suit was hotly contested by respondent No. 2. Learned trial Court after holding trial, decreed the suit, vide judgment and decree dated 29.11.1997 (Annexure P-2), which attained finality, after dismissal of her appeal vide judgment and decree dated 28.03.2000 by the 1st Appellate Court and non-admission of her second appeal by this Court.Thereafter, decree-holder-Anand Sarup, moved an application for preparation and passing of final decree. During the pendency respondent No. 3-Sneh Lata, wife of appellant-objector, filed third party objections claiming herself to be a co-sharer in the suit property by virtue of judgment and decree dated 04.09.1986 passed in Civil Suit No. 315 dated 26.08.1996 titled as 'Munish Kumar Vs. Rattan Bala', whereby respondent No. 2-Rattan Bala, transferred 2 biswas of share to her grandson, namely; Munish Kumar S/o Sushil Kumar and Sneh Lata (appellant and respondent No. 3 herein, respectively) pleading that her son-Munish Kumar, expired issueless on 26.05.2000. Therefore, share of Munish Kumar her son had fallen to her. Resultantly, she had become co-sharer in the suit land to the extent of 2 biswas of land. Objections of respondent No. 2-Saneh Lata were allowed by the trial Court vide order dated 04.01.2013 (Annexure P-3). Consequently, fresh preliminary decree after impleading respondent No. 3 (wife of appellant-objector) was passed vide order Annexure P-3.

(3.) During the pendency of application for passing of final decree, Anand Sarup, expired and his legal heirs were brought on record on 26.10.2012 by the trial Court. A local commissioner was appointed to visit the spot and suggest mode of partition, who submitted his report dated 08.02.2013 (Annexure P-5), pointing out that out of total suit land measuring 1 bigha i.e. 20 biswas, 4 biswas had already been acquired by the State Government, therefore, 16 biswas of land was in existence at the spot.