Surinder Kaur vs Balwinder Singh And Others
2023 Latest Caselaw 1551 P&H

113
           IN THE PUNJAB AND HARYANA HIGH COURT AT

                               CHANDIGARH


                                               RSA-2088-2022 (O&M)
                                               Date of Decision: 24.01.2023

SURINDER KAUR                                              ...Appellant

V/S

BALWINDER SINGH AND OTHERS                                 ....Respondents


CORAM: HON'BLE MR. JUSTICE B.S. WALIA



                    ****

Present:     Mr. Arvinder Arora, Advocate
             for the appellant.

                    ***

B.S. WALIA, J. (ORAL)

Challenge in the instant regular second appeal is to judgement

and decree dated 18.04.2022 passed by the learned District Judge, Ambala

dismissing Civil Appeal No. 49-2022 titled as 'Surinder Kaur Vs. Balwinder

Singh & others' against the judgement and decree dated 17.03.2022 passed

by the learned Additional Civil Judge, Junior Division, Naraingarh in Civil

Suit No. 535 of 2015, whereby learned trial Court had dismissed the suit

filed by the appellant-plaintiff, in which she had sought a decree for

mandatory injunction directing the respondents-defendants to remove the

construction of boundary wall marked by letters A,B,C and D shown in red

colour in the site plan attached which had been constructed illegally and

forcibly by the respondents-defendants on the ground of common passage

being used by the appellant-plaintiff and the respondents-defendants situated

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at Village Laha, Tehsil Naraingarh, District Ambala and further had sought

decree of permanent injunction restraining the respondents-defendants from

interfering in the peaceful possession of the appellant-plaintiff through

themselves, agents, anybody else etc.

Learned counsel for the appellant contends that the civil suit

filed by the appellant-plaintiff was dismissed by the learned trial Court vide

judgment and decree dated 17.03.2022 on the ground that the same was hit

by the principal of res judicata in view of the vendor-Harbhajan Singh from

whom the appellant-plaintiff had purchased the suit land having filed Civil

Suit No. 71 of 2002 titled as Harbhajan Singh Vs. Ramesh Chand decided

on 31.03.2010 which although had been decreed in favour of the vendor of

the appellant-plaintiff yet the said judgement and decree was reversed by the

learned Additional District Judge, Ambala in Civil Appeal No. 58 of 2011

decided on 15.06.2012 by noticing that the appellant-plaintiff had purchased

the suit property from her vendor-Harbhajan Singh during the pendency of

Civil Suit No. 71 of 2002 in the year 31.04.2008 vide sale deed No. 243

dated 30.04.2008 registered in the office of Sub Registrar, Naraingarh and

that despite being aware of the litigation, she neither moved an application

for impleading herself as a party either in the civil suit or in the appeal filed

by the respondents-defendants Ramesh Chand, nor challenged the decision

of the learned Additional District Judge, Ambala dated 15.06.2012 in Civil

Appeal No. 58 of 2011.

Learned counsel for the appellant after arguing for some time

and on instructions from the appellant states that he does not press the

instant appeal and may be permitted to withdraw the same with liberty to

take out proceedings in accordance with law to challenge the decision

Annexure A-3 dated 15.06.2012 in Civil Appeal No. 58 of 2011 by way of 2 of 3

appropriate proceedings in accordance with law.

In view of the statements of learned counsel for the appellant

the instant appeal is dismissed as withdrawn with the liberty as prayed for.

                                                           (B.S. Walia)
                                                              Judge
24.01.2023
pry


             Whether speaking/reasoned         : Yes/No

             Whether reportable                : Yes/No




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