SAROJ Vs. SUNITA
LAWS(P&H)-2016-5-580
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 26,2016

SAROJ Appellant
VERSUS
SUNITA Respondents

JUDGEMENT

- (1.)Present Regular Second Appeals are against the concurrent findings of fact recorded by both the Courts below whereby, Civil Suit No. 359 of 2009 for partition filed at the instance of Saroj was dismissed and Civil Suit No. 358 of 2009 filed by Sunita against Saroj for specific performance was decreed and the appeals filed by Saroj were dismissed by learned Additional District Judge, Kaithal vide common judgment and decree dated 23.07.2014.
(2.)Two separate Civil Suits were filed before Civil Judge [Junior Division], Kaithal, one at the instance of Saroj, Civil Suit No. 359 of 2009 titled Saroj Vs. Rishi Pal for partition and the other suit bearing Civil Suit No. 358 of 2009 titled Sunita Vs. Saroj for specific performance of agreement dated 26.03.2006. Both the suits are in respect of same property and as such, both the suits were decided by the Court of first instance together by common judgment and decree dated 18.4.2011. Both the appeals were decided vide common judgment and decree dated 23.07.2014 by the Court of first Appeal. Accordingly, both the above mentioned Regular Second Appeals are also being taken up for disposal by this common judgment.
(3.)For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.


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