MELA RAM Vs. SHAMSHER SINGH
HIGH COURT OF JAMMU AND KASHMIR
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J.P.SINGH, J. -
(1.) MELA Ram and seven others have filed this civil second appeal arraying Shamsher Singh and twenty two others as party respondents against decree and judgment dated 17.09.2004 of learned District Judge, Udhampur, whereby he had upset order dated 07.07.2003 of Tehsildar Settlement, Udhampur.
(2.) FACTS leading to the filing of this civil second appeal may be summarized, thus:
Mela Ram and others filed an application on 08.05.1990 seeking partition of land comprised in Khewat No. 20/20 of village Kalsote, Tehsil Udhampur, claiming that they were co -sharers in Khewat No. 20/20 and as per the entries in the cordelier revenue records, they have 1/4th share in the land. Hari Saran, Jagdev Singh, Badri Singh and about sixteen other persons were impleaded as party respondents in this application.
(3.) IT appears from the records that after setting the respondents ex -parte, the Tehsildar Settlement directed the Patwari concerned to produce Naksha No. 3, proposing partition of the land between the parties. The proceedings in the case, however, continued as the Patwari concerned had not complied with the direction issued by the Tehsildar Settlement and in the meanwhile objections were filed by Sh. Durga Dass Kotwal, Advocate, on behalf of the respondents, objecting to the partition. It further comes out that Hari Saran died during the pendency of the proceedings but his legal representatives were not brought on record by the applicants. The proceedings before the Tehsildar appear to have continued in a haphazard manner and ultimately these proceedings resulted in passing of order dated 07.07.2003, allowing partition proceedings sought for in an application dated 08.05.1990 of Mela Ram and others. Objection raised by the respondents that the property stood already partitioned more than sixty years ago, does not appear to have been decided by the Tehsildar Settlement.;
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