Naresh Kumar v. Anita Aggarwal & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.2882 of 2016 (O&M) Date of decision:21.01.2019 Naresh Kumar ... Appellant Vs.

Anita Aggarwal and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Subhankar Baweja, Advocate for the appellant.

AMIT RAWAL J. (Oral) Concededly, the appeal filed by the defendants is pending adjudication before the Lower Appellate Court. The present Regular Second Appeal has arisen against the judgment and decree of the Lower Appellate Court which dismissed the suit for injunction filed by the plaintiff, decreed by the trial Court.

Remedy for one of the parties is not to claim the injunction from dispossession but the partition which has already been availed. This is what has been noticed by the Lower Appellate Court. In view of above, the findings of fact and law rendered by the Lower Appellate Court cannot be said to be suffering from illegality and perversity as the appellant has already availed the remedy. The appeal is dismissed.

(AMIT RAWAL) JUDGE January 21, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.01.24 15:00 I attest to the accuracy and integrity of this document High Court Chandigarh