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2025 DAILYLAW 48802 (PNJ)

DHEERAJ KUMAR v. BALDEV SINGH AND OTHERS

RSA/3807/2019 · 2025-09-22

Pankaj Jain

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 135 RSA-3807-2019 (O&M) Date of decision : 22.09.2025 Dheeraj Kumar ...... Appellant versus Baldev Singh and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. P.S. Dhaliwal, Advocate for the appellant. **** PANKAJ JAIN, J. (Oral) 1. Counsel for the appellant at the outset submits that the suit was filed under Section 6 of the Specific Relief Act, 1963. Even though, the mandate of the provision is that no appeal lies from the order or decree passed in such suit, yet appeal was preferred before the Lower Appellate Court and the same was also entertained. He submits that the appellant prays for withdrawal of the present appeal with liberty to file regular suit for possession as the findings recorded in the suit filed under Section 6 of 1963 Act being summary in nature, would not operate as res judicata in the regular suit. 2. Dismissed as withdrawn, with liberty as prayed for. 3. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. (PANKAJ JAIN) JUDGE 22.09.2025 Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2025.09.23 18:34 I attest to the accuracy and integrity of this document