High Court of Punjab and Haryana, Chandigarh
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Ram Saran v. Suresh Kumar etc. - RSA-2181-2001  RD-P&H 1237 (5 February 2007)
RSA NO. 2181 of 2001(O&M)
Date of decision. February 6,2007
Ram Saran . .....Appellant
Suresh Kumar etc. ......Respondents
CORAM HON'BLE MR. JUSTICE VINEY MITTAL
PRESENT Mr. Ajay Kaushik,Advocate
Mr. Kulvir Narwal, Advocate
VINEY MITTAL , J( Oral )
Defendant no.1 is appellant before this Court. He has lost concurrently before the two Courts below.
A suit for possession by way of partition was filed by Suresh Kumar. The said suit filed by the plaintiff has been decreed by the trial Court and appeal filed by the defendant no.1 has been dismissed by the first Appellate Court. Vide order dated July 5, 2001, this Court had noticed the statement of the learned counsel for the appellant when he had not pressed the present appeal on merits. However, notice of motion was issued only on a statement made by the learned counsel for the appellant that the appellant had already raised construction on 1/14th share of the
plaintiff and his client is ready to pay the market price of the same.
Sh. Kulvir Narwal, learned counsel appearing for the plaintiff / respondent states that the aforesaid offer made by the defendant / appellant is not acceptable to the plaintiff in as much as plaintiff had already a large family and wants his entire portion for occupation of his own family.
Keeping in view the aforesaid factual position and also the fact that the appellant had not pressed the present appeal on merits, the present appeal is dismissed.
Even otherwise, I do not find that any substantial question of law arises for consideration in the present appeal.
February 6, 2007 ( VINEY MITTAL )
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