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LAJPAT RAI versus M.C BARWALA

High Court of Punjab and Haryana, Chandigarh

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Lajpat Rai v. M.C Barwala - CR-6961-2006 [2007] RD-P&H 460 (16 January 2007)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

C.R.No.6961 of 2006

DATE OF ORDER: 23.1.2007

Lajpat Rai

...Petitioner(s)

Versus

M.C Barwala

....Respondent(s)

CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.

Present: Mr. Hariom Atri, Advocate.

M.M. AGGARWAL,J

This is petition against order dated 18.10.2006 passed by Additional District Judge, Hisar whereby an appeal filed by the present petitioner against order dated 6.6.2003 passed by Civil Judge(Jr.Divn.), Hisar was dismissed.

It comes out that Civil Judge(Jr.Divn.), Hisar had dismissed the application Under Order 39 Rule 1 & 2 CPC of the plaintiff/petitioner and had vacated the order of status quo. Present petitioner filed appeal, which was dismissed.

Counsel for the petitioner argues that "kotha" is in existence for the last forty years. Objections to the report of Local Commissioner were C.R.No.6961 of 2006 #2#

filed but the trial Court without considering and deciding these objections, had vacated the stay. It is argued that if the kotha is demolished by the Committee then it will frustrate the suit.

I have gone through the impugned orders. There are concurrent findings. The injunction was vacated more than three years back. I do not find any good ground to interfere at this stage.

Dismissed.

January 23, 2007 ( M.M. AGGARWAL )

manoj JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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