JUDGMENT

Anil Kshetarpal, J. (Oral). - The hearing was held through video conferencing on account of restricted functioning of the Courts.

2. By this judgment, Regular Second Appeal No.879 of 2007 and Regular Second Appeal No.3975 of 2019, shall stand disposed of, as the main parties & their counsels are common and the dispute is also with respect to the same property. Learned counsels are ad idem that both the appeals can be disposed of by a single judgement as the substratum of both is the same.

3. At the outset, it is important to note that regular second appeals, in the States of Punjab, Haryana and the Union Territory of Chandigarh are regulated by Section 41 of the Punjab Court Act 1918, and not by the provisions of Section 100 CPC, as interpreted by the Supreme Court in Pankaiakshi Vs. Chandrika (2016) 6 SCC 157 (5 Judges Bench).

4. In Regular Second Appeal No.879 of 2007, the plaintiff-Laxmi Narayan is in appeal against the judgment passed by the learned first appellate court which in turn reversed the judgment of the trial court. The plaintiff has filed a suit for declaration with consequential relief of permanent injunction claiming that the mutation of plot, sanctioned by th