MOHINDER SINGH Vs. UTTAM SINGH

JUDGEMENT

(1.) This appeal has been preferred against judgment and decree dated 21.5.2005 passed by learned Additional District Judge (FTC), Chamba in Civil Appeal No. 23/05/04, titled as Mohinder Singh Vs. Uttam Singh and others, whereby affirming judgment and decree dated 29th May, 2004 passed by Civil Judge (Junior Division), Dalhousie, District Chamba in Civil Suit No. 60 of 2002, titled as Mohinder Singh Vs. Uttam Singh and others and suit of the plaintiff filed for partition of Abadi Deh, mandatory and prohibitory injunctions, has been dismissed.

(2.) Present appeal was admitted on 7.8.2006 on following substantial question of law:-

(3.) At the time of admission of appeal in the year 2006, parties were directed to maintain status quo regarding possession and nature of the suit property during pendency of appeal. In the year 2010, an application bearing CMP No. 641 of 2020 was preferred on behalf of defendant/respondent No. 1 under Order 39 Rule 2A CPC against the appellant/plaintiff. In response thereto, along with reply to it, appellant/plaintiff had placed on record photocopy of compromise dated 7.11.2008 arrived at between the parties. However, on subsequent dates, learned counsel for the appellant/plaintiff had expressed his inability to produce the original compromise for want of supply thereof by the appellant/plaintiff and learned counsel for defendant/respondent No. 1 had also expressed his inability to verify the facts stated in the photocopy of compromise, for want of instructions and ultimately on 5.12.2016, counsel for both sides had sought time for arguing the case on merits.