HEMANT GUPTA,J. - (1.) Challenge in the present writ petition is to the orders dated 20.10.1994 (Annexures P-1 & P-2) passed by respondent No.1 - Additional Director, Consolidation of Holdings, Punjab, on the separate petitions filed by respondent Nos. 2 to 8 and the petitioners under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short the Act) respectively.
(2.) The petitioners and the private respondents are successors-in interest of Khushala. The petitioners are through his son Nand Singh, whereas respondent Nos. 2 to 8 are through his another son Shyam. The consolidation of the village was completed in the year 1951. Such proceedings were finalised on the basis of Resolution dated 02.07.1951 (Annexure P-7) in respect of respondent Nos.2 to 8 and Resolution dated CWP No.1885 of 1995 05.07.1951 (Annexure P-8) in respect of the petitioners. The petitioners thereafter sought partition of the land on the basis of the revenue records prepared soon after the consolidation. But vide order dated 05.11.1964 (Annexure R-2/2), the partition proceedings were consigned to await the decision on the question of title from the Civil Court. The objection that dispute regarding question of title arises, was raised by respondent Nos.2 to 8 or their predecessors-in-interest. No proceedings were initiated by any of the parties before the Civil Court soon thereafter except a suit was filed by respondent Nos.2 to 8 claiming declaration in respect of land in question in the year 1991.
(3.) During the course of hearing today, Mr. Singla has produced a certified copy of the order dated 07.06.1996, whereby an application filed by the plaintiff under Order 23 Rule 1 CPC for withdrawal of the above said suit on the ground that the Civil Court has no jurisdiction to entertain and try the present suit, was accepted observing that the present suit is barred under Section 44 of the Act.;