Nihali vs Dilbagh Singh
2024 Latest Caselaw 7052 P&H

Punjab-Haryana High Court

Nihali vs Dilbagh Singh on 3 April, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                     Neutral Citation No:=2024:PHHC:044863




                                                    2024:PHHC:044863

       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
124 (1)

                                              RSA-763-1993
                                              Decided on :03.04.2024

Nihali
                                                                  . . . Appellant
                                   Versus
Dilbag singh and another

                                                               . . . 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 defendant's appeal.

2. The plaintiffs had filed a suit for permanent injunction

restraining the defendant from creating any obstruction in the suit land

which as per their case is stated to be a path (Rasta) shown by letters

'ABCD' in red ink in the site plan attached with the plaint.

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

said suit and restrained the defendants from creating any obstacle or

encroachment or raising any construction in the site in dispute shown by

letters 'ABCD' in the red ink in the site plan attached with the plaint. The

defendant filed an appeal and vide judgment and decree dated 09.02.1993,

the same has been dismissed. The present appeal was ordered to be heard

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Neutral Citation No:=2024:PHHC:044863

RSA-763-1993 -2- 2024:PHHC:044863

alongwith RSA-762-1993. No stay has been granted in favour of the

defendant.

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




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