SA/10/2023
2023 Latest Caselaw 3193 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No.10 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Siddhartha Singh, Advocate for the appellant.

2. Mr. Parikshit Saini, Advocate for the respondent.

3. Learned counsel for the appellant/plaintiff would submit that the suit was filed by the appellant/plaintiff to restrain the respondent/defendant from encroaching upon the land marked with d [k x ?k with averment that this land within d [k x ?k lies in khasra no.9; that, it has been observed by the Trial Court in para 11 and 21 of the impugned judgment that khasra no.9 is admittedly owned by the appellant/plaintiff; that, notwithstanding these unequivocal finding the suit of the appellant/plaintiff was dismissed; that, in the first appeal preferred by the appellant/plaintiff the First Appellate Court also failed to appreciate this factual position which was quite evident on the record of the Trial Court by the documents proved and admitted facts.

4. However, on perusal of the judgment of the Trial Court, learned counsel for the appellant/plaintiff also could not point out as if the Trial Court in its judgment has made finding that the land d [k x ?k lies within the khasra no.9 or not.

5. Learned counsel for the appellant/plaintiff would submit that this has come in evidence before the Trial Court and prays for time to place the evidence and proved documents before the Trial Court to buttress his arguments.

6. Allowed.

7. List on 15.02.2024.

8. Urgency Application IA No.3/2024 is disposed of.

(Vivek Bharti Sharma, J.) 18.10.2023 Rajni