Rajdeep Singh v. Shamsher Singh & ORS

RSA No.5419 of 2014 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.5419 of 2014 (O&M) Date of decision:25.07.2016 Rajdeep Singh ... Appellant Vs.

Shamsher Singh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether reporters of local newspapers may be allowed to see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest? Present:- Mr. Vaibhav Sehgal, Advocate for the appellant.

AMIT RAWAL J. (Oral) Appellant-defendant is aggrieved of the judgments and decrees rendered by both the Courts below, whereby, he has been restrained from interfering into peaceful possession qua khasra no.57//9/2 (1-0), measuring 4 marlas out of 20 marlas.

There is clear cut admission in the written statement that plaintiff is owner in possession of land measuring 4 marlas out of khasra no.57//9/2 (1-0).

Mr. Vaibhav Sehgal, learned counsel appearing on behalf of the appellant-defendant submits that defendants had no grievance but the fact remains that under the garb of injunction order, they want to interfere in the possession of appellant-defendant. Mr. Sehgal, when confronted with this SAVITA DEVI KADIAN 2016.08.02 12:58 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.5419 of 2014 (O&M) {2} question as to whether the appellant has sought any legal remedy, answer was in positive that the suit for injunction at the instance of the defendant is stated to be pending.

In view of the aforementioned fact, I am of the view that judgments and decrees rendered by both the Courts below do not warrant any interference as the same do not suffer from any illegality and perversity, much less, no substantial question of law arises for adjudication of the present appeal.

The explanation given in the application seeking condonation of delay in filing the appeal is not reasonable, much less, suffice the requirement of law as no cogent and sufficient reasons have been explained in explaining the each and every day delay.

Accordingly, the appeal is dismissed on merits, as well as, on limitation.

(AMIT RAWAL) JUDGE July 25, 2016 savita Wheather speaking/reasoned Yes/No Whether Reportable Yes/No SAVITA DEVI KADIAN 2016.08.02 12:58 I attest to the accuracy and integrity of this document High Court Chandigarh