Kamalpuri Chela Of Mehant Ramanandpur v. Hiranandpuri Etc.

2024:PHHC:055919

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-2803-1996 (O&M) Date of decision : 24.04.2024 Kamal Puri and Others ... Appellant(s)

Versus

Heera Nand Puri and Another

...Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. R.S. Bains, Senior Advocate with Mr. Mohan Singh Chauhan, Advocate for the appellants. Mr. Sumeet Mahajan, Senior Advocate with Ms. Rabani Attri, Advocate and Mr. Shrey Sachdeva, Advocate for respondent No.1. ALKA SARIN, J. (ORAL) 1.

Learned Senior counsel appearing on behalf of the parties are ad idem that the cause of action in the present case does not survive inasmuch as the plaintiff-appellant No.1 as well as defendant-respondent No.1 have since died and new Mahants were already appointed by the parties and that now they would resolve their disputes inter se before the Bhekh or before the Courts as the case may be. 2.

Learned Senior counsel for the appellants would contend that there is a finding by the Trial Court under issue No.6 in the last three lines of para no.38 of the impugned judgment as regards creating charge on the property of Samadh and hence the same be clarified. 3.

The judgment of the Trial court was set aside by the First Appellate Court in toto and as such all questions would remain open to be decided in appropriate proceedings.

4.

In view of the above, nothing survives in the present appeal and the same stands disposed off accordingly.

24.04.2024 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2024.04.25 09:32 I attest to the accuracy and integrity of this document