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2017 Supreme(P&H) 209

SNEH PRASHAR
Ramala now deceased through his L. Rs. – Appellant
Versus
Gram Panchayat, Rampur Thandeyo – Respondent


Advocates Appeared:
For the Appellants : Mr. D.P.S. Ahluwalia

JUDGMENT :

Sneh Prashar, J.

This was Regular Second Appeal filed by appellants-plaintiffs Ramala (since deceased) and Jai Singh (hereinafter referred to as “the appellants”) impugning the judgment and decree dated 22.12.2016 passed by learned Additional District Judge-I, Panchkula whereby the appeal filed by the appellants challenging the judgment and decree dated 06.01.2016 passed in Case No.4028 of 2013 by learned Civil Judge (Senior Division), Panchkula, decreeing the suit for permanent injunction subject to the rider that if respondent-defendant No.1 Gram Panchayat succeeds in taking possession of the suit property back from the appellants in the proceedings initiated under Section 7 of the Punjab Village Common Land (Regulations), 1961 (for short, “the Act of 1961”), in that eventuality, the respondents-defendants would be at liberty to raise construction of the gali-sare-aam at the site in dispute, was dismissed and the suit itself of the appellants-plaintiffs was also dismissed.

2. The facts, as garnered from the record, are that appellants-plaintiffs being residents of village Rampur, Tehsil and District Panchkula filed a suit for permanent injunction seeking to restrain the r























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