(Kurian Joseph and A.M. Khanwilkar, JJ.)
Gurbachan Singh (D) Thr. Lrs. & Anr. ________________ Appellant(s)
v.
Gurdial Singh (D) Thr. Lrs. & Ors. _________________ Respondent(s)
Civil Appeal No(s). 7471/2008, decided on October 23, 2018
The Order of the court was delivered by
Order
1. Thanks to the intervention of Mr. Maninder Singh, learned senior counsel, who has graciously agreed to mediate, on a request made by the Court, the parties, who are present in Court today, have made an effort to reach an amicable settlement.
2. What remains is only the demarcation by meets and bounds of the share that is allotted to the legal representatives of Dhan Kaur, the deceased daughter of the deceased Nand Singh, the original owner. It is not in dispute that the legal representatives of Dhan Kaur are entitled to 44 Kanals, out of approximately 132 Kanals of land belonging to late Nand Singh.
3. We direct the Tehsildar of Samrala District, Ludhiana to demarcate 44 Kanals of land out of approximately 132 Kanals of land of late Nand Singh by meets and bounds and prepare a sketch and submit a report to this Court.
4. We direct both the sides to present themselves before the Tehsildar, Samrala District, Ludhiana on 25.10.2018 at 11.00 AM with their respective proposals regarding the segregation of 44 Kanals. If they agree on the location of 44 Kanals, the Tehsildar will proceed to demarcate and fix the boundary. But if the Tehsildar finds that there is no agreement, he may take an equitable decision as to the 44 Kanals to be allotted to the share of the legal representatives of Dhan Kaur and demarcate the same and prepare a sketch.
5. The parties have agreed that there shall be no claim on the two houses owned by late Rur Singh and there shall be no claim for mesne profits or interest from the side of the legal representatives of Dhan Kaur.
6. Post on 13.11.2018 at 02.00 PM in misc. list.
7. Since some of the parties have to travel abroad, we direct the Tehsildar to complete the process on or before 12.11.2018 and submit a report to this Court.
8. It will be sufficient that the report is filed through any one of the parties also. Needless to say that copies of the report will be given to both the parties.
9. We express our gratitude for the strenuous efforts taken by Mr. Maninder Singh, learned senior counsel, to find a solution to the decades long dispute among the members of the family.
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