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High Court of Punjab and Haryana · body

2001 DAILYLAW 1556 (PNJ)

BASHEER MOHAMMED v. PARKASHO MAHANT

RSA/405/2001 · 2026-01-15

Deepak Gupta

body2001

Judgment text

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223 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-405-2001 (O&M) Date of Decision: January 15, 2026 Basheer Mohammad … Appellant Versus Parkasho Mahant and another …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Deepak Arora, Advocate for the appellant. Mr. G.S. Rawat, Advocate for respondent No.2. DEEPAK GUPTA , J.(Oral) A specific statement is made by learned counsel for the appellant that deceased respondent No.1- Parkasho Mahant did not leave behind any legal representa&ve liable to be impleaded on record. As such, it is prayed that the name of respondent No.1 – Parkasho Mahant be deleted from the array of par&es. 2. The dispute pertains to a plot which had been allo)ed in favour of Smt. Lajwan& Mohant by the office of New Mandi Township, Punjab. Said Lajwan& Mohant had expired on 16.08.1994. Plain&ff-appellant had claimed rights in the suit property on the basis of a registered Will dated 24.09.1991, the legality of which was disputed by defendant No.1 – Parkasho Mahant only; whereas defendant No.2 – Malkan Mahant had admi)ed the claim of the plain&ff. The Courts below have discarded the Will and dismissed the suit. However, defendant No.1 – Parkasho Mahant had expired without leaving behind any legal heir as has been no&ced above. Learned counsel for the appellant further informed that a8er the death of Smt. Lajwan& Mohant, the Department of New Mandi SARITA RANI 2026.01.15 18:22 I attest to the accuracy of this document/order RSA-405-2001 (O&M) - 2 - 2026:PHHC:004641 Township, Punjab has already transferred the plot in ques&on in favour of the appellant-plain&ff and therefore, this appeal has become infructuous. Learned counsel for respondent No.2 does not dispute the aforesaid factual posi&on. In view of the aforesaid facts and circumstances, the present appeal is hereby disposed of, having been rendered as infructuous. January 15, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.01.15 18:22 I attest to the accuracy of this document/order