RSA-3939- IN THE HIG 120 Asthal Tirkh Gram Panch CORAM: H Present: - . NIDHI GUP plaintiff/app the Courts b was dismisse effect that Dholidar sin impugned m favour of de and not bind suit land one permanent in civil suit wa -2023 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o l Tirkhu Tirath Versus Panchayat, Village Pathri M: HON'BLE MS. JUSTICE NIDH Mr. DS Malik, Advocate for the I GUPTA, J. (ORAL) The present regular second app ff/appellant against the concurrent ju ourts below whereby the suit for dec ismissed by both the Courts below. The appellant-plaintiff filed that the plaintiff is owner in poss since past 500 years, as describe ned mutation No. 882 with regard to of defendant-respondent/Gram Panch binding upon the rights of the plainti It is the case of the appellant- nd one Rajpal, had earlier filed a Civ nent injunction claiming to be the own uit was dismissed up to this Court and ND HARYANA AT CHANDIGARH RSA-3939-2023 (O&M) Date of Decision: 11.02.2025 .… Appellant .... Respondent NIDHI GUPTA for the appellant nd appeal has been preferred by the rent judgments and decrees of both or declaration filed by the plaintiff iled a suit for declaration to the n possession of the suit land as scribed in the plaint; and that the ard to the suit land sanctioned in Panchayat, is illegal, null and void plaintiff. -plaintiff that in respect of the a Civil Suit No. 508 of 2003 for owner of the suit land. The said rt and it was found that the present the both ntiff RISHU KATARIA 2025.02.13 10:24 I attest to the accuracy and authenticity of this order/judgment. RSA-3939- appellant is to inadverten produced by suit of the p and decree d the learned A Rule 27 read Appellate C appellant vi learned lowe of the appe declared as perusal of t learned lowe about the pr and the defen suited by th failed to brin the suit land under Sectio Act, 1961 (fo admits that t and, therefo -2023 (O&M) -2- ant is owner in possession of the suit dvertence, the said record regarding th ced by the appellant before the learned f the plaintiff-appellant was dismisse cree dated 11.07.2019. In appeal, the appellant had pro rned Appellate Court, along with an a 7 read with Section 151 CPC (availa late Court record). However, while d vide impugned judgment and de d lower Appellate Court, has failed to appellant demonstrating that the ed as owner in possession of the suit l of the judgment and decree dated d lower Appellate Court, shows that the present or previous litigation bet e defendant. Further, it is submitted that the by the learned trial Court on the gr to bring any evidence to show its ow it land. The suit of the plaintiff was Section 13 of the Punjab Village C 961 (for short-‘the Act’). Learned counsel for the pla that the suit of the plaintiff is barred herefore, he submits that he may be e suit land. It is submitted that due ding the previous suit could not be learned trial Court; and resultantly, smissed vide impugned judgment ad produced the said record before th an application under Order XLI available at page 113 of the lower hile dismissing the appeal of the and decree dated 01.09.2023, the iled to decide the said application the appellant has already been he suit land. It is submitted that a dated 01.09.2023, passed by the s that nothing has been discussed on between the appellant-plaintiff at the appellant-plaintiff was non- the ground that the appellant had ownership and possession over f was also dismissed being barred lage Common Lands (Regulation) e plaintiff-appellant very fairly barred under Section 13 of the Act ay be permitted to withdraw the RISHU KATARIA 2025.02.13 10:24 I attest to the accuracy and authenticity of this order/judgment. RSA-3939- instant secon appropriate r 11.02.2025 rishu -2023 (O&M) -3- t second appeal, with liberty to the app riate remedy, in accordance with law Permitted to do so. Dismissed as withdrawn with th Pending application(s), if any, s 2025 Whether speaking/reasoned Whether Reportable he appellant to take recourse to the h law, if any. with the liberty aforesaid. any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No RISHU KATARIA 2025.02.13 10:24 I attest to the accuracy and authenticity of this order/judgment.