Section 13, 116, 118 -- Mode of partition – Objections -- Appeal – Automatic stay -- Sub-Section 2 of Section 118 of the Act provides for a statutory appeal and filing thereof operates as an automatic stay of proceedings before the lower revenue official -- Having not availed of this remedy, the petitioner is deemed to have waived any objections that he may have had to the proposed mode of partition.

(P&H HC) Decided on: 04.03.2022

Section 111, 116, 118 -- Consolidation of partition proceedings – Petitioner-M/s Fondant Propbuild Private Limited and M/s Fori Propbuild Private Limited are distinct entities being separate bodies corporate -- Thus, the two separate partition applications could not had been consolidated as it is settled law that partition applications, wherein, the parties are not identical cannot be consolidated -- Merely because, the petitioner and M/s Fori Propbuild Private Limited are 100% subsidiary companies of Emaar-MGF Limited, it cannot be said that the parties are identical because everybody corporate is a separate entity.

(P&H HC) Decided on: 04.03.2022

Section 111, 116, 118 -- Mode of partition – Consolidated chunk – Land in the vicinity -- The parties having any other land must be given a consolidated chunk -- Petitioner wants to read this as providing land in contiguity with the other land in the vicinity – Court is not in agreement because only khewat Nos.32 and 33 were sought to be partitioned and the land in the vicinity was not the subject matter -- Revenue authorities could not be expected to take notice of other land in the vicinity -- Clause referred to only states that parties having other land should be given the same together and the other land would refer to the other partition application.

(P&H HC) Decided on: 04.03.2022