Suraj Bhan v. Teka

2024:PHHC:044271

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA No.515 of 1997 Date of Decision : 02.04.2024 Suraj Bhan and Others ....Appellants

VERSUS

Teka and Another ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Gaurav Mohunta, Advocate for the appellants. Mr. Rakshit Gupta, Advocate for Mr. Rakesh Gupta, Advocate for respondent No.1. ALKA SARIN, J. (Oral) 1.

Mr. Gaurav Mohunta, Advocate has put in appearance on behalf of the defendant-appellants and has filed his power of attorney, which is taken on record.

2.

The suit was filed by the plaintiff-respondents for permanent injunction for restraining the defendant-appellants from encroaching the street and obstructing the plaintiff-respondents' right to passage. The suit was dismissed by the Trial Court vide judgment and decree dated 27.08.1992. An appeal was preferred by the plaintiff-respondents against the said judgment and decree passed by the Trial Court which appeal was allowed by the First Appellate Court vide judgment and decree dated 20.09.1996. Hence, the present regular second appeal by the defendantappellants. JITENDER KUMAR 2024.04.03 09:10 I attest to the accuracy and integrity of this order/judgment Chandigarh

RSA No.515 of 1997 -2- 2024:PHHC:044271 3.

Learned counsel for the defendant-appellants states that he has instructions to state that there is no encroachment on the passage and the passage is absolutely clear and in view thereof he does not wish to press the present appeal.

4.

Dismissed as not pressed. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 02.04.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.04.03 09:10 I attest to the accuracy and integrity of this order/judgment Chandigarh