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2015 Supreme(P&H) 1050

RAJIV NARAIN RAINA
Municipal Corporation, Amritsar – Appellant
Versus
Amritsar Diocesan Trust Association – Respondent


Advocates:
For the Appellant:Mr. V.K. Sandhir, Advocate.
For the Respondent:Mr. S.K. Garg Narwana, Sr. Advocate, with Mr. Naveen Gupta, Advocate.

JUDGMENT

Mr. Rajiv Narain Raina, J.: - This is a misconceived appeal which merits outright dismissal. But outright dismissal based on instinctive judicial reflexes also requires writing of a judgment containing reasons and the motions have to be gone through and the facts of the case narrated to support the conclusion of dismissal with exemplary costs.

2. This is an appeal filed by Municipal Corporation, Amritsar against concurrent findings of facts recorded by the courts below in a suit filed by the plaintiff that the defendant Corporation be restrained from interfering in the peaceful possession of the Diocesan Church administered by the Amritsar Diocesan Trust Association and from forcibly digging the private passage or land or laying sewerage pipes in the private passage/lane forming part of the aforesaid Mission Compound or installing any street lights in any portion of the private passage leading to Mission Compound aforesaid from Court Road side or any portion of property known as Mission Compound or its private passage/land. The decree passed by the trial court reads as follows:-

“This suit as coming on this day for final disposal before me (Ranjeev Kumar P.C.S. Civil Judge

























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