High Court of Punjab and Haryana, Chandigarh
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Amrik Singh & Anr. v. Bahadur Singh - RSA-1883-2004  RD-P&H 2788 (2 May 2006)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A. No.1883 of 2004
Date of decision: April 27, 2006.
Amrik Singh & Anr.
Present: Shri Chaman Lal Pawar, Advocate for the appellant.
Shri Satwant Singh Rangi, Advocate for the respondent.
Surya Kant, J. (Oral)
This Regular Second Appeal has been filed by the plaintiffs whose suit for permanent injunction was decreed by the learned civil court but has been dismissed by the first appellate court vide its judgment and decree dated 8.1.2004.
A perusal of the impugned judgment reveals that the learned first appellate court, on the assumption that the appellants are in possession of the disputed property, has decided issue No.2 against them on the ground that no threat has been caused by the respondent-defendants to the appellants and as such no case to grant injunction is made out. Learned first appellate court, however, did not appreciate the fact that in order to obviate any sort of apprehension in the mind of the plaintiffs, the respondent ought to have been asked to give an undertaking that the appellants shall not be dispossessed except in due course of law.
R.S.A. No.1883 of 2004 - 2 -
Since the appellants have been found in possession of the suit property by the trial court and the said finding on issue no.1has not been reversed by the first appellate court also, this appeal is partly allowed and the judgment and decree dated 8.1.2004 are modified to the extent that the appellants shall not be dispossessed from the suit property except in due course of law.
April 27, 2006. [ Surya Kant ]
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