Yogesh Kumar v. Suresh Kumar (Now Deceased) Th Lrs And ORS

RSA No.427 of 2017 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.427 of 2017 (O&M) Date of Decision.12.04.2019 Yogesh Kumar ..Appellant Vs Suresh Kumar (now deceased) and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. M.S. Sachdev, Advocate for the appellants.

-.- AMIT RAWAL J. (ORAL) C.M. No.908-C of 2017 For the reasons stated in the application, delay of 62 days in re-filing of the appeal is condoned.

Application is allowed.

C.M. No.911-C of 2017 The prayer in the application for impleadment of legal representatives of deceased Suresh Kumar as well as Parkash Wanti i.e. respondents No.1 and 3 is allowed subject to all just exceptions and the legal representatives of deceased respondents No.1 and 3 are ordered to be brought on record subject to all just exceptions. RSA No.427 of 2017 The appellant-plaintiff has not been successful in seeking injunction against defendants from alienating, transferring or changing nature of suit property as being concededly co-sharers. Both the Courts below have relegated the appellant to avail the remedy of partition.

Mr. Sachdev, learned counsel appearing on behalf of the PANKAJ KUMAR 2019.04.24 12:15 I attest to the accuracy and integrity of this document

RSA No.427 of 2017 (O&M) -2appellant submitted that though categoric pleading of the plaintiff was that they were in joint possession but the injunction qua alienation could always be granted.

I am afraid aforementioned argument is not sustainable, as the remedy was to seek partition and interim stay but not in the manner and mode as adopted.

In view of such circumstances, the concurrent finding of fact and law rendered by Courts below cannot be said to be suffering from illegality and perversity, 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 12, 2019 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.04.24 12:15 I attest to the accuracy and integrity of this document