Extracted from the PDF above. The PDF is authoritative.
Madho Kailash vs. Prem singh
CMP(M) No. 1431 of 2024 in RSA
No. 227 of 2015
24.12.2025 Present: Mr. Bhupinder Gupta Sr. Advocate, with Mr. Pranjal Munjal, Advocate, for the petitioner.
Mr. R.K. Sharma, Sr. Advocate, with Mr. Vidhushi Sharma, Advocate, for the respondent.
CMP(M) No. 1431 of 2024
The present application has been preferred under
Order 39 Rule 2-A read with Section 151 of the Code of Civil Procedure, seeking punishment on account of infraction of the interim order dated 12.05.2015, which was made absolute on 29.07.2015, passed in CMP No. 5218 of 2014 in RSA No. 227 of
2015.
The Regular Second Appeal bearing RSA No. 227 of 2015, in the case at hand, was filed by the present applicant being aggrieved by the judgment and decree passed by the 1st Appellate Court. The said Regular Second Appeal was dismissed on 03.03.2025.
While dismissing the Regular Second Appeal, findings were recorded to the extent that the hissedari possession of the present applicant/appellant/plaintiff i.e. one bigha and eight biswas, which is admittedly in the exclusive possession of the present applicant is not being disturbed by the present respondent/defendant while raising construction over the land exclusively held in terms of his share in the suit land.
In view thereof, the relief of permanent prohibitory injunction and mandatory injunction as were being claimed by
the present applicant/appellant in the suit were denied, and the
judgment to that effect passed by the 1st Appellate Court was affirmed.
In view of the aforesaid findings recorded while dismissing the Regular Second Appeal, nothing survives for adjudication in the present application. Accordingly, the proceedings are closed.
(Bipin C. Negi)
Judge
24th December, 2025
Tarun