The appellants, who were not parties to the original litigation, filed an appeal challenging a decree. The court noted that the State of Haryana's own appeal had been dismissed and its SLP rejected by the Supreme Court. The appeal was dismissed as infructuous.
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AT CHANDIGARH
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108(04 cases) RSA-5842-2019 (O&M) Date of Decision.:14.10.2024
Sa%sh Kumar and Others
Appellants
Vs.
Mahender Kumar Jaipuria and Others Respondents
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: Mr. Munish Gupta, Advocate (through Video Conferencing) and Mr. Akash Mehta, Advocate for the appellants.
DEEPAK GUPTA, J. (ORAL)
State of Haryana through Sub-Divisional Officer (Civil) Loharu filed suit against respondent Nos.1 to 13 seeking declara,on & permanent injunc,on to the effect that plain,ff- State of Haryana is the owner of the suit property and that judgment and decree dated 12.11.2005 passed in civil suit No.75 of 2003 ,tled “Mahender Kumar Jaipuria and Others v. Gram Panchayat, Loharu and Others” regarding property in dispute was null and void and did not create any right, ,tle and interest in favour of any third party. The suit was resisted by the defendants of the case. A;er taking evidence, suit was dismissed by the trial Court on 10.08.2017. The appeal filed by the plain,ff- State of Haryana was dismissed by the first Appellate Court on 19.04.2018.
The appellants before this Court were not party before the Courts below. They filed the present appeal on the ground that State of Haryana had not preferred any appeal before this Court.
NEETIKA TUTEJA 2024.10.14 18:02 I attest to the accuracy and integrity of this document
RSA-5842-2019 (O&M)
However today it is informed by learned counsel for the appellants that a;er filing of the present appeal, State of Haryana had filed appeal before this Court bearing RSA-373-2022 and the same was dismissed by this Court on 14.02.2022. So much so, even the SLP No.24915/2022 filed by State of Haryana before Hon’ble Supreme Court has been dismissed on 03.07.2023.
In the aforesaid facts and circumstances, the present appeal filed by third party, has become infructuous.
Dismissed.
( DEEPAK GUPTA ) JUDGE
October 14, 2024
Nee,ka Tuteja
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
NEETIKA TUTEJA 2024.10.14 18:02 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether an appeal filed by a third party against a decree in a suit to which they were not a party remains maintainable when the original party's appeal has been dismissed?
Sa%sh Kumar and Others
Mahender Kumar Jaipuria and Others
Deepak Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
