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High Court of Punjab and HaryanaRSA/2582/2015dismissed

Bijender Singh And ORS v. Anji And ORS

2018-01-15Mr. Justice Anil Kshetarpal2 pages

RSA No.2582 of 2015 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2582 of 2015 (O&M) Date of Order:15.01.2018 Bijender Singh and others ..Appellants

Versus

Anji and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Ramender Chauhan, Advocate, for the appellants.

ANIL KSHETARPAL, J.

C.M.No.6666-C-2015 Prayer in this application is for condonation of delay of 06 days in filing the appeal.

For the reasons mentioned in the application, which is supported by an affidavit, the delay of 06 days in filing the appeal is condoned.

The application is allowed.

Main Plaintiffs-appellants are in regular second appeal against the concurrent findings of fact arrived at by the courts below while deciding a suit for permanent injunction.

Plaintiffs had filed a suit claiming that they are owners in possession of land measuring 84 kanals 10 marlas. It is further the case of the plaintiff that 2 kanals and 4 marlas of land out of the aforesaid land is covered by khasra no.49/26 one 'Mahalchah' in an area of 8 square yards has Naresh Kumar 2018.01.30 12:17 I attest to the accuracy and integrity of this document Chandigarh

RSA No.2582 of 2015 (O&M) -2been constructed since long which is not in use for the last 30 years. It is further the case of the plaintiffs that plaintiffs, defendants and other cosharers are share holders in a well. Both the courts, as noticed above, after appreciation of evidence, dismissed the suit.

Learned counsel for the appellants could not point out any substantive error in the appreciation of evidence by the courts below. Taking into consideration the aforesaid facts, there is no ground to interfere with the concurrent findings of fact arrived at by the courts below.

The regular second appeal is dismissed.

January 15, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.01.30 12:17 I attest to the accuracy and integrity of this document Chandigarh