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Date of Decision: 1.7.2014 Vs. Mehar Singh - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

Date of Decision: 1.7.2014

Respondent

Mehar Singh

Excerpt:


.....shamlat deh. the petitioner claimed that the jurisdiction of the civil court is barred by section 13 of the punjab village common lands (regulation) act, 1961 because the alleged dispute in which the decree has been passed is with regard to shamlat deh, which is owned by the gram panchayat. the issue was decided against the petitioner. the appeal filed by the gram panchayat/judgment debtor against the judgment and decree dated 10.11.1999 filed before the learned additional district judge, jagadhari was dismissed vide order dated 20.4.2001. the second appeal filed before this court by the gram panchayat has been turned down vide judgment dated 11.10.2012 and the findings of the khan md.firoz 2014.07.04 15:02 courts below have i attest to the accuracy and integrity of this document been affirmed in rs.no.2691 of 2002 punjab and haryana high court chandigarh cr no.4179 of 2014 :2: decided together with rs.no.2660 of 2002. aggrieved, the gram panchayat, mohri district yamuna nagar is before this court seeking to raise objection once again with regard to jurisdiction at the stage of execution. the issue of jurisdiction has been concluded upto this court against the petitioner. no.....

Judgment:


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR NO.4179 of 2014 Date of Decision: 1.7.2014 Gram Panchayat, Mohri Distt.

Yamuna Nagar ....Petitioner Versus Mehar Singh ....Respondent CORAM:- HON'BLE Mr.JUSTICE RAJIV NARAIN RAINA Present : Mr.Balkar Singh, Advocate for the petitioner 1.

To be referred to the Reporters or not?.

2.Whether the judgment should be reported in the Digest?.RAJIV NARAIN RAINA, J.

(Oral) The petitioner is a Judgment Debtor Gram Panchayat.

He raised an objection, as a defendant, as to jurisdiction of the Civil Court to decide the matter with respect to the land belonging to shamlat deh.

The petitioner claimed that the jurisdiction of the Civil Court is barred by Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 because the alleged dispute in which the decree has been passed is with regard to shamlat deh, which is owned by the Gram Panchayat.

The issue was decided against the petitioner.

The appeal filed by the Gram Panchayat/Judgment Debtor against the judgment and decree dated 10.11.1999 filed before the learned Additional District Judge, Jagadhari was dismissed vide order dated 20.4.2001.

The second appeal filed before this Court by the Gram Panchayat has been turned down vide judgment dated 11.10.2012 and the findings of the Khan Md.Firoz 2014.07.04 15:02 courts below have I attest to the accuracy and integrity of this document been affirmed in Rs.No.2691 of 2002 punjab and haryana high court chandigarh CR NO.4179 of 2014 :2: decided together with Rs.No.2660 of 2002.

Aggrieved, the Gram Panchayat, Mohri District Yamuna Nagar is before this Court seeking to raise objection once again with regard to jurisdiction at the stage of execution.

The issue of jurisdiction has been concluded upto this court against the petitioner.

No further debate on the question of jurisdiction survives.

This petition has no merit and is accordingly dismissed.

(RAJIV NARAIN RAINA) JUDGE17.2014 MFK Khan Md.Firoz 2014.07.04 15:02 I attest to the accuracy and integrity of this document punjab and haryana high court chandigarh


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