Balbir Singh vs Tarsem Singh And Ors
2024 Latest Caselaw 7963 P&H

Punjab-Haryana High Court

Balbir Singh vs Tarsem Singh And Ors on 16 April, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                            Neutral Citation No:=2024:PHHC:051628




RSA-1175-2020(O&M)                                   2024:PHHC:051628
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130    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                        RSA-1175-2020(O&M)
                                        Date of decision :16.04.2024

Balbir Singh                                         ...Appellant

                                        Vs.
Tarsem Singh and others                              ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:      Mr. Parveen Chauhan, Advocate
              for the appellant.

                    ****

ANIL KSHETARPAL, J. (Oral)

1 In this regular second appeal, the plaintiff assails the

correctness of concurrent findings of fact arrived at by the Courts

below while dismissing his suit for grant of decree of mandatory

injunction directing the defendants to remove the obstruction over the

common drain. In substance, the plaintiff claims that the defendants

have laid tiles in the shape of a ramp, which has resulted in obstruction

of flow of water in the drain. The defendants No.1 to 6 while filing the

written statement submitted that the suit is as a measure of counter-

blast to the previous suit filed by them and no flow of water has been

obstructed.

2. Both the Courts below have come to the conclusion that

there was no obstruction in the flow of water over the common drain.

3. Learned counsel representing the appellant failed to draw

the attention of the Court to any substantive error arising from non-

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Neutral Citation No:=2024:PHHC:051628

RSA-1175-2020(O&M) 2024:PHHC:051628

leading or mis-leading of evidence or any perversity in the judgments.

4. Hence, no ground to interfere is made out.

5. Dismissed.

                                                    (ANIL KSHETARPAL)
16.04.2024                                                JUDGE
neeraj       Whether speaking/reasoned :         Yes         No
             Whether Reportable :                Yes         No




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