(O&M) M.C.Ludhiana vs Hardeep Singh
2024 Latest Caselaw 8333 P&H

Punjab-Haryana High Court

(O&M) M.C.Ludhiana vs Hardeep Singh on 20 April, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                       Neutral Citation No:=2024:PHHC:053131




                                                      2024:PHHC:053131
         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH
114

                                               RSA-2207-1989
                                               Decided on :20.04.2024
Municipal Corporation, Ludhiana

                                                                   . . . Appellant
                                    Versus
Hardip Singh and others
                                                                . . . Respondents

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Mr. Harsh Aggarwal, Advocate
         for the appellant.

             Mr. J. S. Bhatia, Advocate
             for respondent No. 5.

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

1. Learned counsel for respondent No. 5 has submitted that the

present appeal has been rendered infructuous as the plaintiff, who was in

possession of the suit property, as per his instructions, has vacated the said

suit property and a new lease deed has been executed in favour of a third

party.

2. Learned counsel for the appellant has submitted that in view of

the above fact, the present appeal be disposed of but the only concern of the

appellant is that the issue of title between Punjab Waqf Board and the

Municipal Corporation be kept open.

3. Learned counsel for respondent No. 5 has pointed out that

before the trial court, two specific issues i.e. Issue Nos. 3 and 8 were framed,

which are reproduced hereinbelow:-

1 of 2

Neutral Citation No:=2024:PHHC:053131

RSA-2207-1989 -2- 2024:PHHC:053131

"3. Whether the suit in dispute belongs to Punjab Wakaf Board? OPP xxx--xxx--xxx

8. Whether the site in dispute vests in the Municipal Corporation? OPD"

4. It is pointed out that in paragraph 11 and 12 of the judgment

of the trial Court, it has specifically been observed by the trial Court that

the dispute regarding question of title between Punjab Waqf Board and the

Municipal Corporation is kept open. It is further pointed out that the

appellate Court has not reversed the finding of the trial Court on the said

issues i.e. Nos.3 and 8.

5. Learned counsel for the appellant has submitted that in view

of the same, present appeal be disposed of as having been rendered

infructuous but liberty may be granted to the appellant to revive the appeal,

in case, any cause is still left for adjudication.

6. In view of the above facts and circumstances, present petition is

disposed of as having been rendered infructuous with the aforesaid liberty.

                                                              (VIKAS BAHL)
                                                                 JUDGE
20.04.2024
Mehak

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




                                        2 of 2