Punjab-Haryana High Court
Devender Kumar vs Ram Sarup on 21 March, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:040874
2024:PHHC:040874
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
131
RSA-1843-1993(O&M)
Decided on :21.03.2024
Devender Kumar and others
. . . Appellants
Versus
Ram Sarup and another
. . . Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Dr. Sukant Gupta, Advocate
for the appellants.
None for the respondents.
*****
VIKAS BAHL, J.(ORAL)
1. The suit filed by the plaintiffs for mandatory injunction was partly allowed and the defendants were directed to restore the jaal on the roof of the first floor to its previous position by removing the bricks and cement mortar with which a portion of jaal has been covered and not to obstruct the passage of light and air through jaal to the shops occupied by the plaintiffs vide judgment and decree dated 26.11.1990.
2. Two appeals were filed against the said judgment and decree and the appeal filed by the defendants was dismissed whereas the appeal filed by the appellants was accepted and a further direction was given that the wall shown in yellow color alongwith door be pulled down.
3. Learned counsel for the appellants has submitted that inspite of the best efforts, he has not been able to get in touch with the appellants 1 of 2 ::: Downloaded on - 28-03-2024 20:31:34 ::: Neutral Citation No:=2024:PHHC:040874 RSA-1843-1993(O&M) -2- 2024:PHHC:040874 and is not aware as to whether any cause of action survives or not and hence, he prays that the present appeal may be disposed of at this stage but liberty may be granted to the appellants to revive the appeal in case any cause of action survives.
4. In view of the above facts and circumstances, present appeal is disposed of at this stage with liberty to the appellants to move an application for revival of the present case, in case, any cause of action survives in the same.
5. Registry is directed to send the copy of the present order passed to the parties at the addresses given in the memo of parties.
(VIKAS BAHL)
JUDGE
21.03.2024
Mehak
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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