Kailash Rani & ANR v. Ludhiana Improvement Trust Ludhiana Thr Its Chairman

RSA 81/2016 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA 81/2016 (O&M) Date of decision:20.11.2017 Smt.Kailash Rani and another .............Appellants v.

Ludhiana Improvement Trust Ludhiana ..............Respondent Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Piyush Kant Jain,Advocate for the appellants Jaswant Singh,J,(Oral).

Plaintiffs/appellants are in appeal directed against the concurrent findings recorded by the Courts below whereby their suit for permanent injunction restraining respondent/defendant Corporation or its agents etc., from demolishing any construction raised on plot no.81B,measuring 200 square yards situated at 256 Acres Development Scheme of Ludhiana Improvement Trust,Ludhiana, was dismissed by the Addl.Civil Judge (Senior Division)Ludhiana vide judgment and decree dated 1.6.2012 and findings thereof affirmed in appeal by the learned Addl.Distt.Ludge, Ludhiana vide judgment and decree dated 12.10.2015. Notice of motion is yet to be issued.

At the time of hearing today,learned counsel for the appellants prays for unconditional withdrawal of the appeal as the same has become infructuous since the respondent/defendant-Trust has granted approval vide Memo dated 30.6.2017 for construction of a house on plot, noticed above, Rajinder Parshad Joshi 2017.11.20 15:57 I attest to the accuracy and integrity of this document

RSA 81/2016 (O&M) as per the submitted site plan.

In view of the above,instant appeal is dismissed as having become infructuous.

20.11.2017 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2017.11.20 15:57 I attest to the accuracy and integrity of this document