Civil Appeal Partition Dispute

Summary

The legal issue involves a civil appeal concerning land partition, focusing on the discrepancies between reports submitted by Patwari Halka and Girdawar. The court noted irregularities in the initial report, leading to its rejection. A subsequent report was submitted, highlighting differences such as the absence of an owner list and variations in land area calculations. The preliminary decree granted the plaintiff rights to partition based on legal shares in shamilat deh. The final decree was contested, with the Supreme Court directing the determination of co-sharers rights. The case emphasizes the importance of adhering to legal procedures and accurate reporting in land disputes.

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IN THE SUPREME COURT OF PAKISTAN
Civil Appeal No. [Insert Number]
Appellant: [Insert Name]
Respondent: [Insert Name]
WRITTEN ARGUMENTS
I. INTRODUCTION
*. This is a second report on behalf of Patwari Halka and Girdawar submitted before this learned court following the direction of this learned court on September *, *.
II. BACKGROUND
*. The first report was rejected after cross-examination over CW PH, and this learned court noted gross irregularities in the report of Patwari Halka. The report dated September *, *, submitted by Patwari Halka, is materially different from the previous report, which was rejected vide order no. * dated June *, *.
III. COMPARISON OF REPORTS
*. The new report is not identical to the previous report due to the following reasons:
- No owner list in the previous report.
- Total Malkiyati area was about * lac kanal in the previous report (total area: Malkiyat + Shamilat).
- Shamilati area was *,*,* kanal with Shamilat share per kanal mentioned as * marala.
- In the new report, Malkiyati area is about *,*,* kanal.
- Shamilat share per kanal is *.* kanal.
- Total khasra numbers are about *-* hundred.
- Total shamilat khata are six: * shamilat deh, * abadi deh, *, * provincial government, *, * federal government.
- The only partitionable khata is * (old number *).
IV. PRELIMINARY DECREE
*. The decree holder obtained a preliminary decree from the court of competent jurisdiction, wide judgment and decree dated October *, *.
- The plaintiff is entitled to a preliminary decree for partition for his legal shares in shamilat deh.
- Co-sharers in one survey number in a khewat are deemed co-sharers in the whole survey number comprising the khewat.
V. FINAL DECREE
*. The application for a final decree was decreed in favor of the decree holder and upheld by the Honorable Supreme Court of Pakistan
Not complete till last sentence partition suit and its methodology
To complete the written arguments, you'll need to include the final section for the partition suit and its methodology. Here’s how you can structure it:
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IN THE SUPREME COURT OF PAKISTAN
Civil Appeal No. [Insert Number]
Appellant: [Insert Name]
Respondent: [Insert Name]
WRITTEN ARGUMENTS
I. INTRODUCTION
*. This is a second report on behalf of Patwari Halka and Girdawar submitted before this learned court following the direction of this learned court on September *, *.
II. BACKGROUND
*. The first report was rejected after cross-examination over CW PH, and this learned court noted gross irregularities in the report of Patwari Halka. The report dated September *, *, submitted by Patwari Halka, is materially different from the previous report, which was rejected vide order no. * dated June *, *.
III. COMPARISON OF REPORTS
*. The new report is not identical to the previous report due to the following reasons:
- No owner list in the previous report.
- Total Malkiyati area was about * lac kanal in the previous report (total area: Malkiyat + Shamilat).
- Shamilati area was *,*,* kanal with Shamilat share per kanal mentioned as * marala.
- In the new report, Malkiyati area is about *,*,* kanal.
- Shamilat share per kanal is *.* kanal.
- Total khasra numbers are about *-* hundred.
- Total shamilat khata are six: * shamilat deh, * abadi deh, *, * provincial government, *, * federal government.
- The only partitionable khata is * (old number *).