ATMA SINGH Vs. NARENDRA SAINI AND ORS.

JUDGEMENT

(1.) Instant writ petition has been filed by the defendant petitioners against order dated 18.04.2007 passed by the Civil Judge (Jr.Dn.), Tibbi (district Hanumangarh), by which an application filed under Sec. 10, read with Sec. 151, Code of Civil Procedure to stay the proceedings of Suit No. 30/2004 was rejected.

(2.) Learned counsel for the petitioners submits that a suit for declaration was filed by respondent-plaintiffs Narendra Saini and Ranjana Saini alleging therein that her father respondent No.3 Jarnail Singh was having land situated in Talwara Jheel 35 Area in abadi which was part of the former Jagirdar and Pattidar after the formation of the Panchayat; and said area came in the area of the Gram Panchayat and the Gram Panchayat became owner of the land. Though no sale or allotment was made by the Gram Panchayat, however, land was earmarked for the public use. In the suit, it was stated that an oral family settlement was made between her and her father Jarnail Singh about 14-15 years back for existence of the way.

(3.) Reply was filed by the petitioner-defendant and they denied that any partition has been made between Jarnail Singh and his daughter and respondent-plaintiffs are residing with Jarnail Singh as joint family and further it is stated that map produced by the plaintiffs and disputed land which is shown as public lane is also denied and it is submitted that this lane is for residential use of respondents No.1 to 5. The present petitioners, as per the family settlement and decision arrived at in the Panchayat, the lane was closed and respondent Jarnail Singh got other public way. It is further stated that the plaintiff were having full knowledge of the meeting of the Gram Panchayat held on 30.04.1990 and 28.10.2001. This ground was taken in the suit filed before the trial Court earlier which was registered as Suit No.26/2001.