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High Court of Punjab and HaryanaRSA/676/1998dismissed

State Of Haryana v. Azat Ashram Sdaraswati Mandir

2024-08-23Mr. Justice Deepak Gupta2 pages

RSA No. 676 of 1998 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA No. 676 of 1998 (O&M) Date of decision : August 23, 2024 State of Haryana ...... Appellant

Versus

Azat Ashram Saraswati Mandir and Saraswati Kund ...... Respondent CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA *** Present : Mr. R.K.S. Brar, Addl. Advocate General, Haryana. Mr. Saurabh Arora, Advocate for the respondent. *** DEEPAK GUPTA, J (Oral) 1.

Mr. Saurabh Arora, Advocate has put in appearance on behalf of the respondent. He has filed his Power of Attorney. The same is taken on record. 2.

Suit filed for declaration and permanent injunction by the plaintiff Azat Ashram Saraswati Mandir and Saraswati Kund, Bhil Chhappar, through its Mohtmim, Vishav Chetan, Bhil Chhappar was decreed by the trial court on 09.02.1995. The appeal filed by the defendant-respondent-State of Haryana was dismissed by the Addl. District and Sessions Judge, Jagadhri on 13.10.1997. 3.

The only plea raised by the defendant-appellant herein is that the suit was not filed through a duly authorized person. 4.

The perusal of impugned judgments would reveal that a specific issue No.1 had been framed as to whether the suit had been filed by a duly authorized person and there is a concurrent finding of fact of the courts below to the effect that the suit has been filed by the duly authorized person. ARCHANA ARORA 2024.08.23 17:33 I attest to the accuracy and integrity of this document

RSA No. 676 of 1998 (O&M) 5.

This court does not find any illegality or impropriety in the concurrent finding of fact as recorded by the courts below. No substantial question of law is found to be involved.

6.

Dismissed.

( DEEPAK GUPTA) JUDGE August 23, 2024 archana Whether speaking/reasoned Yes Whether Reportable :

No ARCHANA ARORA 2024.08.23 17:33 I attest to the accuracy and integrity of this document