Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Deepak Gupta, J, DEEPAK GUPTA
Baljinder Kaur – Appellant
Versus
Avtar Singh – Respondent
| Table of Content |
|---|
| 1. application for pre-poning appeal granted. (Para 1 , 2) |
| 2. plaintiff's claim of a mandatory injunction examined. (Para 3 , 4) |
| 3. lack of evidence for alleged encroachment. (Para 5 , 6 , 7 , 8) |
| 4. appeal dismissed for lack of merit. (Para 9 , 10) |
JUDGMENT :
Deepak Gupta, J.
CM-5058-C-2025
1. This is an application under Section 151 CPC for pre-poning of the date fixed in the main appeal, i.e., RSA-1810-2024, which is pending before this Court for 10.09.2025 to some earlier date.
For the reasons as mentioned in the application, the same is allowed. The main appeal is pre-poned from 10.09.2025 to today, i.e., 06.05.2025 and is taken on Board today itself.
RSA-1810-2024 (O&M)
This is plaintiff's appeal against concurrent findings of the Courts below. In the suit filed by plaintiff (appellant herein), she prayed for decree of permanent injunction to restrain the defendant (respondent herein) from causing any interference in her possession over the suit land. She further prayed for decree of mandatory injunction to direct the defendant to remove the bathroom and stairs alleged to have been illegally constructed over the wall of the plaintiff situated in khasra No.729 on the no
The burden of proof lies with the plaintiff to prove encroachment, which was not demonstrated in this case.
The court discussed the legal principles related to the jurisdiction of the court to interfere with concurrent findings of fact and law.
Mandatory injunction maintainable for encroachment removal without possession prayer when ownership admitted and damages inadequate.
In second appeals under CPC Section 100, no interference with concurrent findings of fact unless substantial question of law or perversity; co-sharers may develop joint property if partition not impo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
