Jaspal Singh vs Executive Engineer And Others
2024 Latest Caselaw 7336 P&H

Punjab-Haryana High Court

Jaspal Singh vs Executive Engineer And Others on 5 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                   Neutral Citation No:=2024:PHHC:046523




                                                        2024:PHHC:046523

127         IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                           RSA-1188-2021(O&M)
                                           Date of decision :05.04.2024

Jaspal Singh                                                 ...Appellant

                                           Vs.

Executive Engineer and others                                ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:    Mr. I.S. Brar, Advocate
            for the appellant.

                  ***
ANIL KSHETARPAL, J. (Oral)

1. This is the plaintiff's regular second appeal to challenge the

correctness of judgment and decree passed by the First Appellate Court, which

in turn has reversed the judgment and decree passed by the trial Court. The

plaintiff filed a suit for mandatory injunction directing the defendants to

remove two pillars, which have been constructed on 18.12.2014. In substance,

the plaintiff claimed that the respondent should not complete the construction

of road. The defendants while contesting the suit claimed that the road had

already been made and metalled and the pillars are at proper place. Somehow,

the trial Court decreed the suit, however, the First Appellate Court reversed the

same. It has been found that the passage was already visited, which was

subsequently, metalled by the Government in the year 2003. Thereafter, the

road was repaired in the year 2012.

2. In these circumstances, the judgment of the trial Court has been

reversed by the First Appellate Court.

3. Learned counsel representing the appellant though made a sincere

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Neutral Citation No:=2024:PHHC:046523

2024:PHHC:046523

attempt, however, failed to draw the attention of the Court to any substantive

error in the judgment passed by the First Appellate Court.

4. Hence, no ground for interference is made out.

5. Dismissed.

                                                       (ANIL KSHETARPAL)
05.04.2024                                                  JUDGE
neeraj       Whether speaking/reasoned :         Yes          No
             Whether Reportable :                Yes          No




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