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High Court of Punjab and HaryanaRSA/5146/2017dismissed

Natha Singh And ORS v. Sohan Singh And Others

2018-11-28Mr. Justice Amit Rawal2 pages

RSA No.5146 of 2017 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.5146 of 2017 (O&M) Date of decision:28.11.2018 Natha Singh and others ... Appellants Vs.

Sohan Singh and others ... Respondents RSA No.1306 of 2018 (O&M) Harjinder Singh and others ... Appellants Vs.

Sohan Singh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Inderjit Sharma, Advocate for the appellants.

AMIT RAWAL J. (Oral) The only point raised by assailing the final decree confirming the preliminary decree is that judgment and decree dated 02.03.1983 passed by this Court, placed on record for drawing the final decree, whereby, the land measuring 18 kanal 1 marla had already been mutated in favour of the predecessor-in-interest of the appellants, rendered preliminary decree incompetent for drawing final decree.

I am afraid the aforementioned argument, in the absence of aforesaid piece of evidence during the preparation of the preliminary decree cannot be looked into at this stage.

SAVITA KADIAN 2018.12.05 14:56 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.5146 of 2017 (O&M) {2} No other argument has been raised, much less no material has been placed on record to substantiate as to how the final decree is not in tandem with the preliminary decree.

No ground is made out for interference in the impugned judgments and decrees.

Resultantly, the appeals are dismissed.

(AMIT RAWAL) JUDGE November 28, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2018.12.05 14:56 I attest to the accuracy and integrity of this document High Court Chandigarh