IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 136 CR-7043-2025 Date of Decision: 14.01.2026 Municipal Corpora-on Ludhiana through its Commissioner …..Pe--oner Vs. Charanjit singh (since deceased) through his LRs .….Respondent(s) CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Manoj Kumar, Advocate for the appellant. **** DEEPAK GUPTA, J. (ORAL) Claiming to be in possession of the property in dispute plain!ff (respondent herein) sought a decree of permanent injunc!on against Municipal Corpora!on, Ludhiana (peoner herein) to restrain them from dispossessing him. Suit was decreed by the trial Court vide judgment dated 16.12.2016 (Annexure P-2), whereby decree of permanent injunc!on was passed restraining the defendants from interfering in the possession of the plain!ff over the property in dispute except in due course of law. It was specifically made clear that nothing observed in the order shall be deemed to have any effect on the lawful proceedings undertaken by the defendants in accordance with law against the plain!ff if found to be in illegal possession. 2. As it emerges on perusal of the paper-book, instead of adop!ng the legal recourse to take possession from the plain!ffs, defendants filed an appeal before the first Appellate Court but with delay of 990 days. That appeal has been dismissed by the first Appellate Court by way of order dated 22.05.2025 by observing that appeal was barred by limita!on. NEETIKA TUTEJA 2026.01.15 10:31 I attest to the accuracy and integrity of this document CR-7043-2025 -2- 3. The aforesaid order dated 22.05.2025 of first Appellate Court is now assailed before this Court. 4. It is conceded by learned counsel for the appellant that the appellant-defendant has not adopted due process of law to seek the possession from the plain!ffs-respondents. 5. In the aforesaid facts and circumstances, this Court does not find any ground to interfere in the impugned order. However it is made clear that the appellant-defendant will be at liberty to seek possession of the property in dispute from the plain!ffs-respondents in due course of law as per the decree dated 16.12.2016 of the trial Court. Disposed of accordingly. (DEEPAK GUPTA) JUDGE January 14, 2026 Nee!ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.01.15 10:31 I attest to the accuracy and integrity of this document