M.C. Abohar v. Krishan Lal

Sr.No.517/2

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA-1223-1991 (O&M) Date of Decision: 17.02.2020 M.C. ABOHAR ... Appellant

Versus

KRISHAN LAL @ KRISHAN CHANDER .. Respondent CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present:- None.

ARUN MONGA, J.(ORAL) 1.

Challenge herein is to the judgments dated 19.07.1990 and 07.01.1991 passed by the trial Court and First Appellate Court, respectively.

2.

Suit was filed by plaintiff (respondent herein) for permanent injunction seeking to restrain the defendant from realizing water tax in respect of his house, which was decreed by the trial Court vide judgment dated 19.07.1990. Defendant filed appeal against the judgment dated 19.07.1990 and learned First Appellate court upheld the decision of the trial court and the appeal filed by the defendant-appellant was dismissed vide judgement dated 07.01.1991.

3.

By way of this appeal, appellant/defendant has challenged the findings of trial Court and First Appellate Court. No interim order was passed in favour of the appellant/plaintiff . 4.

It seems that by sheer efflux of time for the past more than 29 years, the appellant-defendant has either lost interest or

even otherwise, the relief sought by him has been rendered infructuous.

5.

Be that as it may, the appeal is disposed of as infructuous with liberty to file an appropriate application in case any cause of action still survives.

(ARUN MONGA) 17.02.2020 JUDGE sonu Whether speaking/reasoned Yes/No Whether Reportable Yes/No