Kulwinder Singh & Anr vs Baldev Singh & Ors
2024 Latest Caselaw 74 P&H

Punjab-Haryana High Court

Kulwinder Singh & Anr vs Baldev Singh & Ors on 4 January, 2024

RSA-1745-2023 (O&M) 2024:PHHC:000333

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(205) RSA-1745-2023 (O&M)
Date of Decision : 04.01.2024

Kulwinder Singh and another ...Appellants
Versus

Baldev Singh and others ...Respondents

CORAM: HON'BLE MRS. JUSTICE RITU TAGORE

Present: Mr. Kanwaljit Singh, Sr. Advocate with
Mr. Robin Gill, Advocate
for the appellants.

Mr. Amit Kumar Waga, Advocate
for respondents No.1 and 2.

ok 36 ok
RITU TAGORE, J (ORAL)

1. Baldev and Satvir, plaintiffs (respondents No.1 and 2 herein)

filed suit for permanent injunction, which was dismissed by learned lower Court vide judgment dated 29.10.2011. One of the plaintiff Baldev Singh, filed appeal against the aforesaid judgment of learned lower Court which was allowed by learned Appellate Court vide judgment dated 22.09.2012 and suit of the plaintiff was decreed and defendants were restrained from dispossessing the plaintiffs from the suit land except in due course of law.

2. Aggrieved of the aforesaid judgment and decree of learned Appellate Court, Kulwinder Singh and Karnail Singh, defendants before the learned lower Court (appellants herein) filed the regular second appeal.

3. Learned counsel for respondents No.1 and 2/plaintiffs submits that he has instructions from the respondents/plaintiffs to submit that respondents No.1 and 2/plaintiffs would be withdrawing the main civil suit

manpreet sincy No.406 dated 30.08.2005 titled 'Baldev Singh and another vs. Harbant Singh

RSA-1745-2023 (O&M) 2024:PHHC:000333

and others' decided by the Court of Additional Civil Judge (Senior Division) Budhlada on 29.10.2011 by moving an appropriate application before the Court of first instances, appeal being continuation of the suit.

4. Learned counsel further submitted that Satvir Singh son of Baldev Singh, the plaintiff before the learned trial Court has purchased the share of Satvir Kaur Bola wife of Randhir Singh (who is one of the defendants before the learned trial Court) in the suit land. Photocopy of sale deed dated 18.08.2022 furnished by learned counsel for respondents No.1 and 2/plaintiffs in Court today, same is taken on record subject to just exceptions.

5. In view of categoric statement made by learned counsel for respondents No.1 and 2/plaintiffs, present appeal is disposed of as infrucutous, without expressing any opinion on merits of the matter because in the circumstances, there appears hardly any reason to execute the decree rendered

in favour of the plaintiffs.

6. Pending miscellaneous applications, if any, shall stand disposed of accordingly.

(RITU TAGORE) JUDGE January 04, 2024 Manpreet Whether speaking/reasoned Yes/No

Whether reportable : Yes/No