Nihali vs Nar Singh
2024 Latest Caselaw 7050 P&H

Punjab-Haryana High Court

Nihali vs Nar Singh on 3 April, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                      Neutral Citation No:=2024:PHHC:044810




                                                     2024:PHHC:044810

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH
124

                                               RSA-762-1993
                                               Decided on :03.04.2024

Nihali
                                                                   . . . Appellant
                                    Versus
Nar singh and others

                                                                . . . Respondents

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: None for the appellant.

             Mr. Alok Mittal, Advocate
             for the respondents.

              *****
VIKAS BAHL, J.(ORAL)

1. This is defendants' appeal.

2. The plaintiff had filed a suit for permanent injunction in

respect of land shown in red colour in the site plan, alleging that the same

is situated in Khasra No. 3424 abadi deh of Rohtak town and was being

used by the plaintiff for the last more than 40 years as Gher and also for

preparing cow dung cakes etc. and since the defendants had threatened to

take forcible possession, thus, the present suit for permanent injunction

was instituted restraining the defendants from interfering in the possession

over the suit land.

3. The trial Court vide judgment dated 28.07.1990, decreed the

said suit and restrained the defendants from interfering in the possession

of the plaintiff over the suit land. The defendants filed an appeal and vide

1 of 2

Neutral Citation No:=2024:PHHC:044810

RSA-762-1993 -2- 2024:PHHC:044810

judgment and decree dated 09.02.1993, the same has been dismissed.

While admitting the matter, the Coordinate Bench of this Court, vide order

dated 22.04.1993, had specifically observed that the stay is declined.

4. None has appeared on behalf of the appellant.

5. Learned counsel appearing for the respondents has submitted

that in all probability, nothing survives in the present appeal.

6. Keeping in view the above facts and circumstances, the

present appeal is dismissed for non-prosecution. Liberty is granted to the

appellant to revive the present appeal, in case, any cause of action

survives.

7. Registry is directed to send the copy of the present order to

the appellant at the addresses mentioned in the memo of parties.

                                                            (VIKAS BAHL)
                                                               JUDGE
03.04.2024
Mehak

               Whether reasoned/speaking?               Yes/No
               Whether reportable?                      Yes/No




                                     2 of 2