Raghubir Singh And Anr vs Gurbaksh Singh Chaudhary
2024 Latest Caselaw 19608 P&H

Punjab-Haryana High Court

Raghubir Singh And Anr vs Gurbaksh Singh Chaudhary on 6 November, 2024

                                          Neutral Citation No:=2024:PHHC:144733




RSA-1246-2015 (O&M)                           -:1:-




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

(202)                                                 RSA-1246-2015 (O&M)
                                                      Date of Decision:-06.11.2024
RAGHUBIR SINGH AND ANR.
                                                                        ... Appellants
                                      Versus
GURBAKSH SINGH CHAUDHARY
                                                                        ... Respondent
               -.-


CORAM: HON'BLE MR. JUSTICE ALOK JAIN

Present:-      Ms. Garima Gupta, Advocate for
               Mr. D.K.Gupta, Advocate
               for the appellants.

               None for the respondent.

               ****

ALOK JAIN, J. (Oral)

1. Learned counsel appearing on behalf of the appellants has fairly

submitted that there is no contact with the appellants and all the efforts

made to gather the information with regard to legal representative (LR)

of respondent who has since expired, has also not bearing result.

Counsel for the appellants assisted this Court and submitted that the suit

filed by the appellants for permanent injunction restraining defendants

from interfering in any manner in peaceful possession of the plaintiff

and from encroaching upon any part of the land bearing Khewat

No.670, Khatoni No.855, Khasra Nos.2R/32/2 (0-18) and 2R/33 (1-15),

the said suit was decreed by returning the positive finding in favour of

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Neutral Citation No:=2024:PHHC:144733

the appellant-petitioner. However, the 1st Appellate Court in an appeal

filed by the respondents modified the judgment in the following terms:-

"Hence the present appeal is partly allowed. Such judgment and decree passed by the learned Trial Court restraining the defendant shall

be only to the extent of 54 feet front and the remaining 6 feet front shall

be considered to be a part of rasta leading from southern to northern side

in between the houses of the parties so as to make it 13 feet wide i.e. 7

feet from the property of the defendant and 6 feet from the property of the

plaintiffs. So with such modification in the impugned judgment and

decree the present appeal is partly allowed with costs."

2. Aggrieved with the above, the plaintiffs-appellants have filed present

appeal. However, since the appellants are not pursuing the matter, the

same is hereby dismissed for non-prosecution, at this stage, with liberty

to the appellants to revive the present appeal within six months in case

any cogent cause of action survives.

3. Since the main case has been decided, pending miscellaneous

application(s), if any, are also disposed of accordingly.

                                                              ( ALOK JAIN )
06.11.2024                                                         JUDGE
Gaurav Sorot


                         Whether reasoned / speaking?         Yes / No

                         Whether reportable?                  Yes / No




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