Shish Ram And Ors vs State Of Haryana And Ors
2023 Latest Caselaw 2079 P&H

            101            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                          CHANDIGARH
                                                   RSA-891-2017 (O&M)
                                                   Date of Decision: 31.01.2023
            Shish Ram and others                                                       .....Appellants
                                                              Versus
            State of Haryana and others                                                ....Respondents

            CORAM: HON'BLE MR. JUSTICE ARUN MONGA

            Present:
                   Mr. Yeshpal Malik, Advocate
                   for the appellant.
                                      *****
            ARUN MONGA, J. (ORAL)

Having suffered concurrent adverse findings by the two Courts below, plaintiffs (appellants herein) are in second appeal before this Court assailing learned trial Court judgment and decree dated 05.02.2014, as upheld by learned First Appellate Court vide its judgment and decree dated 31.05.2016, dismissing suit for permanent injunction filed by appellants.

2. When this Court expressed its disinclination to interfere in the well-reasoned and cogent findings rendered by both the Courts below, confronted with the situation, the learned counsel states that he does not want to press this appeal. However, he seeks to withdraw it with liberty to the plaintiffs to seek their remedy to file appropriate suit for declaration, should the need arise or if so advised, qua their rights basis whereof injunction was sought.

3. Dismissed as withdrawn with the liberty aforesaid.

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

                                                                           ( ARUN MONGA )
                                                                                JUDGE
            January 31, 2023
            ashish
                            Whether speaking/reasoned:                           Yes/No
                            Whether reportable:                                  Yes/No




ASHISH
2023.02.01 11:06
I attest to the accuracy and

authenticity of this order/judgment