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High Court of Punjab and Haryana · body

2025 DAILYLAW 13291 (PNJ)

SANSAR SINGH v. JODH SINGH AND ORS.

ESA/5/2019 · 2025-03-21

Anil Kshetarpal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 122 ESA-5-2019 (O&M) Date of decision: 21.03.2025 SANSAR SINGH ..Appellant Versus JODH SINGH AND ORS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Amardeep Singh Gill, Advocate for the appellant. Mr. R.S. Chauhan, Advocate for respondent No.1, 2 and 4. Mr. Rohit Sapehiya, Advocatye for respondent No.3. ANIL KSHETARPAL, J(Oral) 1. The appellant herein filed a suit for grant of decree of permanent injunction claiming passage over 8 marla land comprised in Rectangle No.26, Khasra No.5, which was decreed. He filed an application under Order XXI Rule 32 of the Code of Civil Procedure, 1908, to execute the decree complaining that the judgment debtor has sold the disputed property vide sale deed dated 29.05.2014. 2. Learned counsel for the appellant admits that total area of Khasra No.5 is 8 kanals (equivalent to 4840 sq. yards). The injunction was granted qua an area measuring 9 marlas (equivalent to 242 sq. yards). 3. The defendant has sold 2/ 1/60th share in the land comprised in Rectangle No.26, Khasra No.5, which comes to 60.5 sq. yards. The appellant while appearing in evidence admits that the property, which has been sold is different from the suit property. 4. Hence, no ground to interfere is made out. MOHD AYUB 2025.03.25 14:36 I attest to the accuracy and authenticity of this order/judgment. ESA-5-2019 (O&M) -2- 5. Dismissed accordingly. 6. All the pending miscellaneous applications, if any, are also disposed of. March 21st, 2025 (ANIL KSHETARPAL) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.03.25 14:36 I attest to the accuracy and authenticity of this order/judgment.