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High Court of Punjab and HaryanaRSA/6442/2017dismissed

Kulwant Singh v. Kuldeep Singh And ANR.

2018-07-27Mrs. Justice Rekha Mittal2 pages

RSA-6442-2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-6442-2017 (O&M) Date of Decision : 27.07.2018 Kulwant Singh ...... Appellant

Versus

Kuldeep Singh and another ...... Respondents CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present :

Mr.Sandeep Arora, Advocate for the appellant(s).

AJAY TEWARI, J. (Oral) CM No.16649-C of 2017 For reasons mentioned in the application, delay of 40 days in refiling the appeal is condoned.

CM stands disposed of.

RSA No.6442 of 2017 This appeal has been filed against the concurrent judgment of the Courts below dismissing the suit filed by the appellant. The suit was dismissed by both the Courts below primarily because the respondents had admitted ownership and possession of the land of the appellant of the land mentioned in the plaint. They further stated that they were in occupation of their adjoinging land and had no intention or desire to encroach upon the land owned and possessed by the appellant.

The only argument raised by the learned counsel for the appellant is that in view of the statement of the respondent, the suit should have been decreed. I find no reason to do so as once the Amit Kaundal 2018.08.01 12:06 I attest to the accuracy and integrity of this document

RSA-6442-2017 (O&M) -2respondents have admitted ownership and possession of the appellant of the land in dispute and have stated that they have no desire or inclination to interfere with the possession of the appellant over that land. There was no useful purpose in decreeing the suit.

Dismissed.

( AJAY TEWARI ) July 27, 2018 JUDGE A.Kaundal Whether speaking/reasoned - Yes/No Whether reportable - Yes/No Amit Kaundal 2018.08.01 12:06 I attest to the accuracy and integrity of this document