GIAN CHAND Vs. BRAHAM DASS

JUDGEMENT

(1.) This revision is directed against the order dated 23.5.2000 passed by learned Sub Judge (II), Hamirpur in Execution Petition No. 54/93 rejecting the application of decree holder for passing final decree in Civil Suit No. 36 of 1991 of the court of learned Sub Judge (II), Hamirpur.

(2.) The facts in brief are that in Civil Suit No. 36 of 1991 preliminary decree was passed on 7.5.1993 by learned Sub Judge Ist Class (II), Hamirpur in favour of the petitioner, who filed the suit for partition regarding the land comprised in khasra No. 81 measuring 1 Whether the reporters of the local papers may be allowed to see the Judgment? kanal 9 marlas and khasra No. 80 measuring 1 kanal, as per jamabandi for the year 1985-86.

(3.) The decree holder filed an application for passing final decree. The respondent in the reply has submitted that he had filed an appeal against the decree, which was pending before the learned District Judge, therefore, pending decision of the appeal, further proceedings be stopped. The land is joint of the parties as per revenue record, but with the consent of the petitioner the respondent had constructed his abadi and in lieu thereof land had been given to the petitioner. The appeal was also pending before the Settlement Officer (Consolidation), Hamirpur regarding the land in question. The Petitioner filed rejoinder and reiterated his case.