Shaminder Singh and another Vs Financial Commissioner (Appeals-I), Punjab, Chandigarh and others

The present writ petition is against the impugned order

Annexure P-4, whereby, the private respondents had filed ROR bearing

No.216 of 1993-94 against the orders of Commissioner, Ferozepur Division,

Ferozepur dated 23.02.1994, whereby, the order of Collector Sub Division,

Ferozepur dated 28.07.1993 finalizing the naksha bey, had been upheld. The

area under partition is 271 kanals 16 marlas situated in village Dohak,

Tehsil Muktsar, District Faridkot.

The Registry has placed this case before the Court on the

premise that owning to the fact that due non-filing of process fee, service

upon respondents No.2 to 10 and 14 has not been effected.

I have gone through the orders passed by this Court from time

to time indicating that even the process fees on some occasions had not been

filed and the matter at one point of time was adjourned sine die and

thereafter, it was admitted. In my view, the writ petition at that time was

liable to be dismissed as per the provisions of Order 9 Rule 2 of Code of

Civil Procedure.

Be that as it may, the contention of petitioners herein and the

applicants in the partition application, had been that as per the order of the

Civil Judge (Junior Division), Muktsar, dated 27.09.1997 vide which all the

three impugned orders of the lower revenue Courts passed in partition

proceedings have been held null, void and illegal having not effect on the

rights of Rachhpal Singh son of Isher Singh, whereas, on the contrary, the

petitioners relied upon the judgment and decree dated 1.3.1994, whereby,

the sale by Chand Kaur wife of Bishan Singh of her 3/5th share in the

holding in favour of Shaminder Singh - Nikka Singh has been held to be

valid and binding on the parties and have a right to seek partition.

In view of the Civil Court order dated 27.09.1997, all the three

orders affirming naksha bey had been set aside. The Financial

Commissioner ordered for entire holding of the co-sharers subject to

partition and and not a part thereof. The Assistant Collector Grade-I, has

also been directed to carve out of a tak of 70 kanals 16 marlas for Rachhpal

Singh son of Ishar Singh as per the decree of the Civil Court.

In my view, the order dated 3.04.1998 had already been

implemented. The petitioners are not interested in pursuing the matter as the

process fees has not been filed after giving number of opportunities. Once

the aforesaid order had already been implemented, no cause of action

survives in the present writ petition.

Accordingly, the writ petition stands dismissed being

infructuous.