Appeal against a judgment in a suit for permanent injunction dismissed due to lack of cause of action and no interim stay.
The appeal was dismissed with no grant of interim stay or substantive relief.
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RSA-3287-1986
323
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA-3287-1986 Date of decision : 09.01.2018
Partap Singh (deceased) through his LRs and others
... Appellant(s)
Versus
Paras Ram and others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Sanjay Majithia, Senior Advocate with Mr. Inderjeet Singh, Advocate for the appellant(s).
AMIT RAWAL, J. (ORAL)
The appeal has been preferred against the judgment and decree dated 23.08.1986 rendered by the Additional District Judge, Hoshiarpur, in a suit for permanent injunction filed by the appellants-plaintiffs seeking restraint order against the defendant(s) from interfering into the possession of land measuring 100 kanals 6 marlas bearing Khasra No.2767 min, comprising Khata No.232/892 as per jamabandi for the year 1980-81, though decreed by the trial Court, but reversed by the lower Appellate Court. In the present case, there is no interim injunction. The appeal is of the year 1986. Even in the order dated 20.05.2013, a query was raised to the learned counsel for the appellants, whether any cause of action survives in the present appeal or not, but the matter was adjourned.
No information has been given to this Court as to whether anything survives in the present case nor it has been brought to the notice of
Yogesh Sharma 2018.01.12 09:46 I attest to the accuracy and integrity of this document
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RSA-3287-1986
this Court, whether the appellants-plaintiffs have been dispossessed or not. In the absence of any information and there is no interim stay, I am of the view that nothing remained to be pondered upon a simpliciter suit for injunction in the year 2018.
Accordingly, the appeal is dismissed.
( AMIT RAWAL) 09.01.2018 JUDGE
Yogesh Sharma
Whether speaking/reasoned Yes/ No
Whether Reportable Yes/ No
Yogesh Sharma 2018.01.12 09:46 I attest to the accuracy and integrity of this document
Partap Singh (deceased) through his LRs
Paras Ram
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
