A single judge of the Punjab & Haryana High Court dismissed an appeal filed against an injunction order, holding no substantial question of law arose as the respondent was restrained from interfering in the appellant's possession regardless of capacity.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A.No.767 of 2010 (O&M)
Date of decision : 18.2.2010
Puran Singh
....Appellant
Versus
Kesho Ram Bhalla
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present : Mr. Nand Lal Sammi, Advocate for the appellant.
MAHESH GROVER, J.
C.M.No.2151-C of 2010
Allowed as prayed for.
C.M.No.2153-C of 2010
C.M. is allowed. Annexures P-1 to P-5 are taken on record.
C.M.No.2152-C of 2010 in/and R.S.A.No.767 of 2010
The appellant is aggrieved by the judgment passed by the learned Addl.District Judge, Patiala dated 1.12.2009. He states that he was a tenant under Kesho Ram Bhalla and the injunction granted in favour of the appellant is qua Kesho Ram Bhalla in the capacity of his being Chairman-Managing Director of BEE GEE Corporation which stands closed 20 years back and it is also borne out from the testimony of the respondent itself.
R.S.A.No.767 of 2010 (O&M) -2-
After hearing the learned counsel for the appellant, I am of the opinion that the appeal is totally without any merit. No substantial question of law arises therein. The appellant has been granted the injunction that he had prayed for and the respondent has been restrained from interfering in his possession. Whether it is in individual capacity or as a Chairman-Managing Director of the Corporation does not affect the rights of the appellant.
No ground to interfere.
Dismissed.
18.2.2010 (MAHESH GROVER) JUDGE dss
2 issues framed by the court
Whether the appeal against the injunction order granted in favour of the appellant has any merit.
Whether the capacity in which the respondent operated affects the appellant's right to the injunction.
Puran Singh
Kesho Ram Bhalla
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
