Bhupinder Singh vs Smt Agya Kaur
2024 Latest Caselaw 7071 P&H

Punjab-Haryana High Court

Bhupinder Singh vs Smt Agya Kaur on 3 April, 2024

            138                                                                      2024:PHHC:044999
                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH

                                                                                    RSA-870-1992
                                                                  Date of Decision: April 03, 2024

            BHUPINDER SINGH                                                             ........Appellant
                                 Versus
            SMT AGYA KAUR and OTHERS                                                   ........Respondents

            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:           None for the appellant.

                               Ms. Prerna Malhotra, Advocate for
                               Mr. Prateek Mahajan, Advocate for respondents No.2 & 3.
                                                    ****

            HARKESH MANUJA, J. (ORAL)

Challenge in the present appeal has been laid to the

judgments and decrees dated 27.10.1996 and 04.02.1992 passed by

the Courts below whereby, a suit for permanent injunction filed by

plaintiff-Bhupinder Singh/appellant was dismissed.

2. On 05.03.2024, this Court passed the following order:-

"As per office report, the sole appellant is stated to have died. Let the present Sarpanch of the village Devidas Pura, Tehsil and District Amritsar (PB) besides the SHO concerned as well as the Naib Tehsildar of the area, locate the legal heirs of Bhupinder Singh son of Gujjar Singh, r/o Village Devidas Pura, Tehsil and District Amritsar (PB) and inform them about the pendency of present appeal, so that they are able to protect their rights in the present appeal.

Let the needful be done within a period of one week from today. Mr. Athar Ahmed, DAG, Punjab is requested to apprise the aforementioned authorities about this order and get the response at the earliest.

Adjourned to 13.03.2024."

             2024:PHHC:044999                                                      -2-

                                                                           RSA-870-1992

3. In pursuance to the last order, today, Mr. Paramjit Singh,

son of Bhupinder Singh has appeared before this Court along with ASI

Sirdool Singh, P.S. Jandiala Guru, District Amritsar and has been duly

identified by the police officer accompanying him through his Aadhaar

Card which is taken on record.

4. Mr. Kewal Singh, Addl. A.G. Punjab submits that the dispute

pertain merely to 6 kanals and 4 marlas of land and the parties being

resident of the same village have already entered into settlement and

thus the legal heirs of deceased-appellant/plaintiff do not intend to

pursue the present appeal.

5. I view of the same, the present appeal is disposed of,

however, in case any other legal heir has any objection to the aforesaid

settlement, he shall be at liberty to seek revival of the present appeal.

03.04.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No