Dismissed

Banta Singh v. Gram Panchayat Soodan

Punjab & Haryana HC17 Sept 2010RSA/88/1995

Case brief

AI extract

What is this about?

The Court disposed of an appeal brought to his dismissal as withdrawn by counsel. It allowed the application to bring legal heirs on record only for limited purposes. The Court noted the underlying suit on adverse possession lacked merit.

What did the court decide?

Application to bring legal heirs on record allowed subject to exceptions and limited purpose; appeal dismissed as withdrawn.

Banta Singh Vs Gram Panchayat Soodan — Property and Title | Punjab & Haryana HC (2010)

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RSA No. 88 of 1995 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.M. Nos. 10988-89-C of 2010 and RSA No. 88 of 1995 (O&M)

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Date of Decision: 17.9.2010.

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Banta Singh ....Appellant

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Versus

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Gram Panchayat ...Respondent

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CORAM : Hon'ble Mr. Justice Rakesh Kumar Garg

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Present:Mr. Ashok Jindal, Advocate for the appellant.

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Mr. R.S. Ahluwalia, Advocate for the respondent.

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RAKESH KUMAR GARG, J

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This is plaintiff's second appeal challenging the impugned judgments and decrees of the Courts below, whereby his suit for declaration with consequential relief of permanent injunction to the effect that he has become owner of the suit property by way of adverse possession, was dismissed.

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This appeal was admitted on 17.5.1995 for regular hearing.

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The sole appellant died in this case on 2.5.1998. The application has been filed to bring on record the legal heirs after inordinate delay of more than 4186 days. In this applications it has been averred that the applicants were ignorant about the pendency of this appeal and during this period the counsel engaged by the sole appellant (since deceased) had also died. Learned counsel for the appellant further submitted that in view of the notification dated 21.2.1992 issued by this Court, there is no limitation for bringing on record the LRs of deceased-appellant and thus, the applicants are entitled to come on record of this appeal as LRs of the deceased-appellant.

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On the other hand learned counsel for the respondent opposed the aforesaid prayed of the appellant submitting that there is inordinate delay and in view of Section 16 of the Code of Civil Procedure (Amendment Act 2002), the aforesaid notification dated 21.2.1992 issued by this Court, stands repealed as there are no sufficient reasons to condone the inordinate delay in filing the

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RSA No. 88 of 1995 (O&M)

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present application for bringing on record the LRs of deceased-appellant.

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Be that as it may, this Court is refraining itself from opining whether the appeal has been abated or not for the simple reason that appeal filed before this Court by the appellant against dismissal of his suit is without any merit as the suit filed by the appellant on the plea of adverse possession is not maintainable, in view of the judgment of this Court in Bhim Singh and others Versus Zile Singh and others 2006(3) RCR (Civil) 97. Moreover the counsel for the applicant/appellants wants to withdraw the present appeal with liberty to the LRs of the deceased- appellant to make a representation to the competent authority for allotment of the land in question to them in accordance with law. Thus, the present application for bringing the LRs of appellant on record is allowed subject to just exceptions and for a limited purpose of this appeal only.

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As prayed by learned counsel for the appellant this appeal is ordered to be dismissed as withdrawn.

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17.9.2010. Reema

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(RAKESH KUMAR GARG) JUDGE

Banta Singh v. Gram Panchayat Soodan

Case brief

What is this about?

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Banta Singh v. Gram Panchayat Soodan

Case brief

What is this about?

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