Gurinder Singh v. Ranjit Singh & ORS

RSA No.2933 of 2017 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2933 of 2017 (O&M) Date of Decision.02.04.2019 Gurinder Singh ..Appellant Vs Ranjit Singh and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. R.S. Chauhan, Advocate for the appellant.

-.- AMIT RAWAL J. (ORAL) C.M. No.7308-C of 2017 For the reasons stated in the application, delay of 10 days in filing of the appeal is condoned.

Application is allowed.

RSA No.2933 of 2017 The present regular second appeal is directed against the concurrent finding of fact whereby suit of the respondent-plaintiff for permanent injunction seeking restraint from forcible interference in possession and dispossession has been decreed by the trial Court and affirmed in appeal by the lower Appellate Court. Before Mr. Chauhan could address arguments regarding the merit of the case, submitted that during the pendency of the trial in 2013, already partition proceedings were pending and culminated into final order on 15.03.2017 whereas suit was decided on 17.11.2015. The matter is pending before this Court. The injunction granted in my view is most innocuous as PANKAJ KUMAR 2019.04.10 13:11 I attest to the accuracy and integrity of this document

RSA No.2933 of 2017 (O&M) -2the plaintiff found to be in possession. Whatever would be the outcome of the partition proceedings subject matter of challenge before this Court, final partition can always be effected but injunction cannot be vacated in order to disrupt the possession during interregnum.

In view of such circumstances, I do not find any illegality and perversity in the concurrent finding of fact rendered by the Courts below, much less, no substantial question of law arises for determination by this Court. No ground for interference is made out. Resultantly, the second appeal is dismissed.

(AMIT RAWAL) JUDGE April 02, 2019 Pankaj* Whether Reasoned/Speaking Yes/No Whether Reportable Yes/No PANKAJ KUMAR 2019.04.10 13:11 I attest to the accuracy and integrity of this document