Mahavir Parshad And ORS. v. Suresh And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-6231-2016 (O & M) Date of decision: 21.09.2016 Mahavir Parshad and ors.

....Petitioner V/s Suresh and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Vivek Khatri, Advocate, for the petitioner. **** Rajan Gupta, J. (Oral) Present petition is directed against the order dated 31.08.2016 passed by the trial court whereby it has rejected the prayer of the plaintiffpetitioner for framing additional issues. Petitioner has filed a suit seeking permanent injunction restraining defendants No.1 to 4 from interfering into his ownership/possession. Issue No.2 was framed as to whether the petitioner was entitled to the decree as prayed for. The court rejected the prayer for framing additional issue observing that plaintiff was at liberty to prove relevant documents to establish its ownership on the property in question. It found that issues No.1 and 2 would suffice for this purpose. Omnibus issue has been framed by the court below in view of the prayer made in the plea and to frame other specific issues would be wasting the time of the court.

In my considered view, no interference is required in revisional jurisdiction.

Disposed of.

(RAJAN GUPTA) September 21, 2016 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Sukhpreet Kaur 2016.09.23 15:47 I attest to the accuracy and integrity of this document Whether reportable : Yes/No