Giani Ram And Ors vs Luxmi Devi And Ors
2022 Latest Caselaw 10830 P&H

  127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              RSA-3769-2019 (O&M)
                                              Date of decision: 08.09.2022

Giani Ram and others
                                               ....Appellants
            Versus

Smt. Luxmi Devi and others
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Rajnish Gupta, Advocate for Mr.J.P.Sharma, Advocate for the appellants

ANIL KSHETARPAL, J (Oral)

The defendants assail the concurrent findings of fact arrived

at by the the First Appellate Court. The previous suit filed by the

plaintiffs for grant of decree of possession was decreed on 12.12.1993.

The aforesaid judgment and decree was uploaded by the High Court on

its official website on 10.02.2010. In the execution of the warrants of

possession, the possession of the property was delivered to the plaintiffs.

They filed the present suit for grant of permanent injunction restraining

the defendants from interfering in his peaceful possession. The trial

court dismissed the suit on the ground that plaintiff no.4 in violation of

the injunction order has sold the property. The First Appellate Court

reversed the aforesaid findings.

Heard the learned counsel representing the appellant at

length and with his able assistance perused the paperbook. He contends

that the first appeal was filed by plaintiff no. 5 & 6 and not by plaintiff

no.1 to 4. It may be noticed that Order XLI Rule 4 of the Code of Civil

Procedure, 1908, enables even one plaintiff to seek reversal of the entire

1 of 2

judgment. No other point was pressed by the learned counsel

representing the appellant.

Hence, no ground to interfere is made out.

Dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

08.09.2022                                       (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




                                  2 of 2