Kamalpuri Chela Of Mehant Ramanandpur vs Hiranandpuri Etc
2024 Latest Caselaw 8703 P&H

Punjab-Haryana High Court

Kamalpuri Chela Of Mehant Ramanandpur vs Hiranandpuri Etc on 24 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                2024:PHHC:055919
                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH
                     208
                                                                          RSA-2803-1996 (O&M)
                                                                      Date of decision : 24.04.2024

                     Kamal Puri and Others                                          ... Appellant(s)
                                                         Versus
                     Heera Nand Puri and Another                                   ...Respondent(s)

                     CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                     Present :     Mr. R.S. Bains, Senior Advocate with
                                   Mr. Mohan Singh Chauhan, Advocate for the appellants.

                                   Mr. Sumeet Mahajan, Senior Advocate with
                                   Ms. Rabani Attri, Advocate and
                                   Mr. Shrey Sachdeva, Advocate for respondent No.1.

                     ALKA SARIN, J. (ORAL)

1. Learned Senior counsel appearing on behalf of the parties are ad idem that the cause of action in the present case does not survive inasmuch as the plaintiff-appellant No.1 as well as defendant-respondent No.1 have since died and new Mahants were already appointed by the parties and that now they would resolve their disputes inter se before the Bhekh or before the Courts as the case may be.

2. Learned Senior counsel for the appellants would contend that there is a finding by the Trial Court under issue No.6 in the last three lines of para no.38 of the impugned judgment as regards creating charge on the property of Samadh and hence the same be clarified.

3. The judgment of the Trial court was set aside by the First Appellate Court in toto and as such all questions would remain open to be decided in appropriate proceedings.

4. In view of the above, nothing survives in the present appeal and the same stands disposed off accordingly.

                     24.04.2024                                              (ALKA SARIN)
                     Ankur                                                      JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO