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High Court of Punjab and HaryanaRSA/5841/2018dismissed

Satpal And Others v. Gurpal Singh

2018-10-15Mr. Justice Deepak Sibal2 pages

RSA No.5841 of 2018 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.5841 of 2018 (O&M) Date of Order:15.10.2018 Satpal and others ..Appellants

Versus

Gurpal Singh ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Bhag Singh, Advocate, for the appellants.

ANIL KSHETARPAL, J(Oral) Defendants-appellants are in the regular second appeal against the concurrent findings of fact arrived at by the courts below while decreeing the suit for permanent injunction filed by the plaintiff restraining the defendants from creating hindrance into his construction work and also from dispossessing him.

Both the courts after examining the evidence have found that the defendants when appeared in the evidence, specifically DW1 Shiv Kumar and DW2 Sat Pal have admitted the possession of the plaintiff. They have also admitted that plaintiff has constructed a boundary wall around the land. It has also come in evidence that since plaintiff wanted to raise construction in the portion in his possession and defendants interfered, the plaintiff has forced to file the present suit. Once the defendants when appeared in the evidence had admitted the exclusive possession of the plaintiff, the injunction has rightly been granted in favour of the plaintiff. The learned courts have only decreed NARESH KUMAR 2018.10.22 13:52 I attest to the accuracy and integrity of this document Chandigarh

RSA No.5841 of 2018 (O&M) -2the suit for injunction.

In view thereof, this court does not find any good ground to interfere with the concurrent findings of fact arrived at by the courts below. The regular second appeal is dismissed.

October 15, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2018.10.22 13:52 I attest to the accuracy and integrity of this document Chandigarh