Devender Kumar vs Ram Sarup
2024 Latest Caselaw 6487 P&H

Punjab-Haryana High Court

Devender Kumar vs Ram Sarup on 21 March, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                      Neutral Citation No:=2024:PHHC:040874




                                                     2024:PHHC:040874
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH
131

                                               RSA-1843-1993(O&M)
                                               Decided on :21.03.2024

Devender Kumar and others
                                                                  . . . Appellants
                                    Versus
Ram Sarup and another

                                                                . . . Respondents

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Dr. Sukant Gupta, Advocate
         for the appellants.

             None for the respondents.

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

1. The suit filed by the plaintiffs for mandatory injunction was

partly allowed and the defendants were directed to restore the jaal on the

roof of the first floor to its previous position by removing the bricks and

cement mortar with which a portion of jaal has been covered and not to

obstruct the passage of light and air through jaal to the shops occupied by

the plaintiffs vide judgment and decree dated 26.11.1990.

2. Two appeals were filed against the said judgment and decree

and the appeal filed by the defendants was dismissed whereas the appeal

filed by the appellants was accepted and a further direction was given that

the wall shown in yellow color alongwith door be pulled down.

3. Learned counsel for the appellants has submitted that inspite

of the best efforts, he has not been able to get in touch with the appellants

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Neutral Citation No:=2024:PHHC:040874

RSA-1843-1993(O&M) -2- 2024:PHHC:040874

and is not aware as to whether any cause of action survives or not and

hence, he prays that the present appeal may be disposed of at this stage

but liberty may be granted to the appellants to revive the appeal in case

any cause of action survives.

4. In view of the above facts and circumstances, present appeal

is disposed of at this stage with liberty to the appellants to move an

application for revival of the present case, in case, any cause of action

survives in the same.

5. Registry is directed to send the copy of the present order

passed to the parties at the addresses given in the memo of parties.

                                                           (VIKAS BAHL)
                                                              JUDGE
21.03.2024
Mehak

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




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