Vinod K. Sharma, J. (Oral):-

C.M.No.4043 C of 2006

For the reasons stated in the application, the delay of 223 days in refilling the appeal is condoned.

C.M. stands disposed of.

RSA No.1599 of 2006

This Regular Second Appeal has been filed against the judgment and decree dated 13.5.2005 passed by the learned Additional District Judge, Karnal vide which suit filed by the plaintiff for permanent injunction has been ordered to be dismissed.

2. The plaintiff claimed that he was in cultivating possession of agricultural land measuring 20 Killas situated in Village Nangal, Tehsil Indri, District Karnal for the last 17 years i.e. since 1984. The land was shamilat in the village and plaintiff is in possession of it being proprietor since 1984. It was claimed that the defendant has no concern with the land in dispute and he was interfering in the peaceful possession of the plaintiff over the suit property. The suit was contested on the ground that the laintiff had no locus standi to file the present suit and that the suit is bad for mis-joinder and non-joinder of necessary parties. It was claimed that the suit was not maintainable in the present form. It was also claimed that the pl