Rajinder Singh And Ors vs Sukhdev Singh And Ors on 5 July, 2024

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Punjab-Haryana High Court

Rajinder Singh And Ors vs Sukhdev Singh And Ors on 5 July, 2024

Bench: Anil Kshetarpal

                                      Neutral Citation No:=2024:PHHC:083234




EFA-4-2014                       1



112         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                              EFA-4-2014(O&M)
                                              Date of decision : 05.07.2024

Rajinder Singh and others                                 ...Appellants

                                              Vs.

Sukhdev Singh and others                                  ...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:    Ms. Kuljinderbir Kaur, Advocate
            for the appellant.

            Mr. Sandeep Dhiman, Advocate
            for respondents No. 1 and 2.
                              ***

ANIL KSHETARPAL, J. (Oral)

1. On 03.07.2024, the following order was passed:-

"The learned counsel representing the respondent No.1 and 2 has produced a certified copy of the judgment passed by the Civil Judge, Junior Division, S.A.S. Nagar, in Civil Suit No.RT/370/19.3.14/2015, decided on 15.03.2017, wherein, the appellants suit for declaration to the effect that they are natural heirs of Smt. Ajmer Kaur has been dismissed. This judgment has become final and consequently, the present appeal is required to be dismissed.

The learned counsel representing the appellants prays for a short accommodation to take instructions.

List on 05.07.2024, in the urgent list. No further request, written or oral, for an adjournment shall be entertained.

2. Learned counsel representing the appellant after taking instructions from the appellants submits that the judgment dated 15.03.2017, has become final and no appeal has been filed by the appellants against the 1 of 2 ::: Downloaded on - 22-07-2024 02:26:54 ::: Neutral Citation No:=2024:PHHC:083234 EFA-4-2014 2 aforesaid judgment.

3. In this case, the plaintiffs are claiming compensation payable to Smt. Ajmer Kaur widow of Sh. Kehar Singh, with respect to the land which was acquired. The appellants have claimed compensation to the exclusion of the respondents. In Civil Suit No. RT/370/19.03.2014, the following issues were settled and answered against the appellants:-

"1. Whether the plaintiff is entitled to relief of declaration as prayed for?OPP

2. Whether the suit is not maintainable?OPD

3. Whether the present suit is time barred?OPD

4. Whether the suit has no cause of action or locus standi to file the present suit?OPD

5. Relief."

4. The trial court passed the judgment declaring that the appellants are not entitled to relief of declaration to the effect that they are heirs of Smt. Ajmer Kaur, and therefore, entitled to inherit the movable and immovable property left behind by Smt. Ajmer Kaur.

5. In view of the aforesaid facts, there is no merit in the appeal, hence, dismissed.

6. All the pending miscellaneous applications, if any, are also disposed of.




                                                           (ANIL KSHETARPAL)
05.07.2024                                                      JUDGE
neeraj
               Whether speaking/reasoned :           Yes          No
               Whether Reportable :                  Yes          No




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