The High Court dismissed a second appeal filed by HUDA, finding the appeals rendered infructuous as the unauthorized staircase had been removed and compound procedures completed post-litigation.
The regular second appeal was dismissed as having become infructuous.
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In the High Court of Punjab and Haryana at Chandigarh
.....
Date of decision:5.2.2008
Haryana Urban Development Authority, Karnal
.....Appellant
v.
Shakuntla Devi
.....Respondent
Present: Mr. Dinesh Nagar, Advocate for the appellant.
Mr. B.B. Sharma, Advocate for the respondent.
S.S. Saron, J. (Oral)
The plaintiff-respondent Shakuntla Devi filed a suit out of which this appeal has arisen seeking permanent injunction restraining the defendant from demolishing the staircase forcibly and illegally as shown in the site plan. A further prayer has been made for seeking mandatory injunction directing the defendant-Haryana Urban Development Authority (`HUDA' – for short), Karnal through its Estate Officer to issue completion certificate after compounding the case as per advice of the Administrator, HUDA, Faridabad to the plaintiff.
The plaintiff was allotted 6 Marlas plot No.1125, Sector 13, Urban Estate, Karnal by HUDA in the year 1974. The plot was later renumbered as 1290. The suit was not contested by the defendant and it was proceeded ex parte. The learned trial Court after considering the material on record decreed the suit with no order as to costs. The defendant-HUDA was restrained from demolishing the staircase forcibly and illegally and it
R.S.A. No.3075 of 2006
[2]
was also directed to issue completion certificate after compounding the case in accordance with the provisions of the HUDA Act. The defendant-HUDA filed an appeal before the learned District Judge and the learned Additional District Judge, to whom the appeal was entrusted, after considering the evidence and material on record dismissed the appeal and also the application seeking condonation of delay in filing the appeal vide its judgment and decree dated 28.2.2006, which is assailed by the HUDA. Along with the appeal CM No.2142-C of 2007 was filed for staying the judgment and decree passed by the Courts below.
During the pendency of the appeal, it was stated on 11.9.2007 by the learned counsel for the plaintiff-respondent that the unauthorized staircase has since been removed. Learned counsel for the appellant in view of the said stand had taken time to verify the said statement and take necessary action consequent to the said fact.
Learned counsel for the appellant has submitted that he has been instructed to state that in terms of Memo No.1475 dated 1.2.2008 from the Estate Officer, HUDA, Karnal that 14 stairs have been removed by the respondent and she has submitted documents for execution of conveyance deed on 28.11.2007. The conveyance deed was executed on 29.11.2007. The case of the respondent had been sent for compounding to the Administrator, HUDA, Panchkula and after compounding of the case completion certificate has been issued to the respondent. A copy of the occupation certificate has been attached. The aforesaid Memo No.1475 dated 1.2.2008 along with copy of the occupation certificate are taken on record.
In view of the above, it is submitted that the appeal has been
R.S.A. No.3075 of 2006
[3]
rendered infructuous and may accordingly be dismissed.
Learned counsel for the respondent has no objection to the appeal being dismissed as infructuous. Accordingly, the regular second appeal is dismissed as having become infructuous.
February 5, 2008.
(S.S. Saron) Judge
hsp
Haryana Urban Development Authority, Karnal
Shakuntla Devi
S.S. Saron
As recorded by the court registry
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