(O&M) State Of Punjab vs Mahant Harvinder Dass Khanora, ...
2023 Latest Caselaw 5540 P&H

                                                   Neutral Citation No:=2023:PHHC:064428




Sr. No. 709 2nd case            2023:PHHC:064428
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                                      RSA-1293-2006 (O&M)
                                  Date of decision: 27.04.2023

State of Punjab                                       ...Appellant
                                 Vs.
Mahant Harvinder Dass Khanora, Patiala and others ...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: None.
                  ***
ARUN MONGA, J. (ORAL)

This is the appellant-defendant' second appeal against the

judgment of reversal. The trial Court vide order dated 29.03.2003 dismissed

the suit seeking declaration to the effect that plaintiff no.1 is Mohtmim of

Dera Akhara Panchayatee Khurd Hira Bagh, Patiala and is in possession of

the Dera Akhara Panchayatee Khurd Hira Bagh and the agricultural suit land

and the order of the Deputy Commissioner, Commissioner and Financial

Commissioner dated 19.07.1995 appointing defendant no.2 as the Mohitmim

of Dera Akhara Panchayati khurd are illegal, null and void and without

jurisdiction, but lower appellate Court vide order dated 13.01.2006 reversed

the judgment and decree of the trial Court. Accordingly, suit was decreed in

favour of plaintiff and the appellants-defendant has, therefore, filed the

present regular second appeal in this Court.

None has put in appearance on behalf of the appellant.

It appears that by sheer effluxion of time and pendency of

the appeal for more than 16 years before this Court, either it has been

rendered infructuous or else the appellant seems to have lost interest in

pursuing the same.

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Neutral Citation No:=2023:PHHC:064428

Be that as it may, dismissed in default with liberty to appellant

to file an appropriate application in case any cause of action still survives.

Pending application (s), if any, shall also stand disposed of.

                                                       (ARUN MONGA)
                                                          JUDGE
27.04.2023
vandana

Whether speaking/reasoned:                      Yes/No
Whether reportable:                             Yes/No

Neutral Citation No:=2023:PHHC:064428

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