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2009 YLR 809

GUL BAHADUR and 20 others vs AMAN KHAN and 59 others

Citation2009 YLR 809
CourtPeshawar High Court
Case No.Writ Petition No,1790 of 2008
Date2008-11-27
Judge(s)Shah Jehan Khan Yousafzai, Syed Yahya Zahid Gilani
ResultPetition dismissed

ORDER

' SHAH JEHAN KHAN YOUSAFZAI, J.---The grievance of the petitioners is that their application for suspension of partition proceedings till the disposal of civil suit between the parties was rejected.

2. We have heard the learned counsel for the petitioners who contended with vehemence that this case has got a chequered history and on the first round of litigation declaratory suit of the petitioners based on exchange mutation was decreed in their favour and it was kept intact up to this Court. The proceedings in question regarding partition of the joint Khata amongst the co- owners. The petitioners shall be allotted to the extent of shares of those persons from whom they have acquired the title and only the owners of title will get share in the partition. If some body is in possession of some part of the joint holding in the column of cultivation shall surrender it in favour of the owners of title. The Revenue Courts were right in holding that there is no cogent ground for suspension of the proceedings in partition suit. We found no ground for interference in the orders passed by the revenue hierarchy.

3. Resultantly this writ petition having no merits is dismissed in limine along with Interim Relief.

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