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S.R.SAIMBHI versus GURDEV SINGH & ANR

High Court of Punjab and Haryana, Chandigarh

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S.R.SAIMBHI v. GURDEV SINGH & Anr - RSA-1082-2004 [2005] RD-P&H 277 (15 December 2005)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Misc. No.36-C of 2006 and

RSA No.1082 of 2004

Date of Decision: 17.01.2006

Parties Name

S.r.Saimbhi

Petitioner

versus

Gurdev Singh and another

Respondent

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri D.N.Tanwar, Advocate for the appellant JUDGMENT

Civil Misc. No.36-C of 2006

This application has been moved with a prayer to recall order dated 21.12.2005, vide which, appeal was dismissed for non prosecution.

In view of reasons given in this application, which is accompanied by an affidavit, it is allowed, order dated 21.12.2005, is recalled and appeal is restored to its original number. On request made, RSA is taken on board for hearing.

RSA No.1082 of 2004

Appellant filed a suit for recovery of Rs.1,53,457/- towards damages for the loss caused to his house by the respondents. His suit was dismissed. In appeal, following additional issue was framed:- "1-A Whether any damage has been caused to the property of the plaintiff in dispute by the carelessness and negligence of defendants No.1 & 2? OPD"

After receipt of report from the trial Court, his appeal was also dismissed. Both the Courts below have found it as a matter of fact that the appellant has failed to prove that any damage was caused to his house/ property due to carelessness of the respondents-defendants. It is an admitted fact that the respondent No.1 has purchased the adjoining plot from the appellant thereafter he has raised construction over there. In that process, flow of dirty water of the appellant has been stopped for which, the respondent cannot be blamed. No case is made out for interference.

Dismissed.

January 17, 2006 ( Jasbir Singh )

gk Judge


Copyright

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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