Dismissed
Surinder v. Braham Parkash and Ors.
Punjab & Haryana HCCR/4711/2013
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CR 4711/2013
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR 4711/2013 Date of decision:08/08/2013
Surinder
.............Petitioner
v.
Braham Parkash and others
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Rajesh Lamba,Advocate for the petitioner
Jaswant Singh,J.(Oral)
Plaintiff is in revision against the orders passed by both the Courts below whereby his prayer for temporary injunction under Order 39 Rules 1 and 2 CPC has been dismissed by the learned Additional Civil Judge (Senior Division) Gurgaon vide judgement dated 17.5.2011 and the appeal filed by the plaintiff has also been dismissed by the learned Additional District Judge, Gurgaon vide order dated 18.7.2013.
It has been found by both the courts below that at this stage the construction/renovation being undertaken by defendant in his land comprised in Killa No.12/2 is within his boundary wall which separates the aforesaid Killa with the killa of the plaintiff bearing no.12/1 and the wall is stated to be existing since last 40 years. It has also been noticed that the defendant has stated that he is not re-constructing or demolishing any portion of the old boundary wall.
Joshi Rajinder Prashad 2013.08.08 17:54 I attest to the accuracy of this Order. High Court, Chandigarh.
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CR 4711/2013
At the time of hearing, learned counsel for the plaintiff/petitioner realising that the Court is not inclined to interfere on merits, submits that he does not wish to press the present revision petition, however, he craves the indulgence of this Court for disposal of the suit in an expeditious manner keeping in view the nature of the dispute between the two parties.
The prayer is reasonable. Hence accepted.
Accordingly, the present revision petition is dismissed as not pressed. The learned trial court shall endeavour to dispose of the suit in an expeditious manner by giving limited opportunities as permitted by law.
08.08.2013. joshi
(Jaswant Singh) Judge
Joshi Rajinder Prashad 2013.08.08 17:54 I attest to the accuracy of this Order. High Court, Chandigarh.
Surinder
Braham Parkash and others
Jaswant Singh
As recorded by the court registry
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