JUDGMENT

Amit Rawal, J. - C.M.No.6088-C of 2015 in RSA No.1102 of 2013

Prayer in the application filed under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure is for permission to place on record Annexures A-4 and A-5 by way of additional evidence.

2. For the reasons stated in the application which is duly supported by an affidavit, same is allowed and documents, Annexures A-4 and A-5 are taken on record.

C.M.No.735-C of 2015 in RSA No.1102 of 2013

3. Prayer in the application filed under Order 1 Rule 10 of the Code of Civil Procedure, for impleading the applicants, namely, Kushal Singh and Partap Singh Chauhan sons of Sh. Hari Singh as respondents No.5 and 6 in the present appeal.

4. It is alleged that since the change of land was during the pendency of the appeal, therefore, no subsequent vendee whatsoever together vis-a-vis claim of the vendor. Few of the vendors are already party in the Regular Second Appeal. It is too late in a day for allowing the applicants, Kushal Singh and Partap Singh Chauhan sons of Sh. Hari Singh to be impleaded as respondents No.5 and 6 in the present appeal.

5. In view of the aforementioned, application stands dismissed.

C.M.No.9030-C of 2014 in RSA No.3910 of 2014

6. For the reasons stated in the application which is duly supported by an affidavit, delay of 201 days in re-filing the appeal is condoned.

C.M. stands disposed of.

C.M.No.9031-C of 2014 in RSA No.3910 of 2014

7. The application is allowed, subject to all just exceptions. Legal representative of respondent No.1-Smt. Ajmer Kanwar as mentioned in the application is ordered to be brought on record for the purpose of prosecuting the present appeal.

C.M.No.9032-C of 2014 in RSA No.3910 of 2014

8. For the reasons stated in the application which is duly supported by an affidavit, delay of 208 days in filing the appeal is condoned.

C.M. stands disposed of.

RSA Nos.1102 of 2013, 3159, 3195 and 3910 of 2014

9. This order of mine shall dispose of four Regular Second Appeals bearing Nos.1102 of 2013, 3159, 3195 and 3910 of 2014.

10. Rsa No.1102 of 2013 is arising out of decision of civil suit No.436-CS of 2005 titled as "Ajmer Kanwar and another Vs. Krishan Chander Singh and others", whereby, the suit claiming declaration and permanent injunction was partly decreed, for, the plaintiffs had been found in possession of the suit land but claim regarding declaration was rejected. The appeal filed by the defendants vis-a-vis injunction and cross-objections filed by the appellant-plaintiffs with regard to non-grant of relief of declaration before the Lower Appellate Court, have also been dismissed.

11. Rsa No.3195 of 2014 is arising out of decision of civil suit No.76 of 2005 titled as "Lt. Col. Prithvi Singh (Retd.) and another Vs. Smt. Narinder Pal Kaur and another", whereby, the suit claiming permanent injunction was decreed and appeal preferred before the Lower Appellate Court was dismissed.

12. Rsa No.3159 of 2014 is arising out of decision of civil suit No.76 of 2005 titled as "Lt. Col. Prithvi Singh (Retd.) and another Vs. Smt. Narinder Pal Kaur and another", whereby, the suit claiming permanent injunction was decreed and appeal laid before the Lower Appellate Court was dismissed.

13. Rsa No.3910 of 2014 is arising out of decision of civil suit No.436-CS of 2005 titled as "Ajmer Kanwar and another Vs. Krishan Chander and another". Defendant No.1 has preferred an independent appeal with regard to relief of injunction in favour of the respondent-plaintiffs and against the appellant-defendants.

14. Since the appeals have arisen out of decision of two civil suit Nos.436-CS of 2005 and 76 of 2005, the facts are being taken from lead case, i.e. RSA No.1102 of 2013.

15. The appellant-plaintiffs instituted the suit bearing No.436-CS of 2005 claiming declaration to the effect that they were the owners and in possession of the land