IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 10.02.2026 Pawan Kumar ...Appellant(s)

Vs.

Hukam Chand ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Robin Dutt, Advocate for the appellant.

Mr. Manoj Sharma, Advocate and Ms. Anavi Parnami, Advocate for the respondent.

******

NIDHI GUPTA, J.

Defendant is in Second Appeal against the concurrent judgments and decrees of the learned District Courts; whereby suit of the respondent/plaintiff for permanent and mandatory injunction, was partly decreed by the learned Trial Court; and was decreed in toto by the learned First Appellate Court in the Civil Appeal filed by the plaintiff.

2. Brief facts of the case are that the respondent/plaintiff had filed a suit seeking a decree of permanent injunction restraining the defendant from interfering in the passage comprised in khasra No.96//11/1/2/3/4/2 (0-2) situated at village Bilaspur, District Yamuna Nagar marked with letters AECD shown red in the rough site plan attached with the plaint; And for Mandatory injunction directing the defendant to remove the super structure which has been constructed illegally upon the encroached area measuring 1'-6" X 32' in