RSA-76-2014(O&M) 1 212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.RSA-76-2014(O&M) Hawa Singh and others ..Appellants Versus Raghbir @ Randhir Singh (deceased) through LRs and others ..Respondents 2.COCP-2069-2020(O&M) Hawa Singh and others ..Petitioners Versus Rohtash and others ..Respondents Date of decision:13.05.2025 CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Harsh Kinra, Advocate Mr. N.C.Kinra, Advocate for the appellants Mr. M.S.Rana, Advocate for respondent no.1 to 4 Mr. Sanjeev Majra, Advocate for respondent no.5 in RSA-76-2014 and for respondent no.6 in COCP-2069-2020 Mr. Dinesh Arora, Advocate for respondent no.6 Mr. Anil Chawla, Advocate for respondent no.7 ANIL KSHETARPAL, J. (Oral) 1. With the consent of the learned counsel representing the parties, RSA-76-2014 and COCP-2069-2020 shall stand disposed of. 2. The plaintiffs assail the correctness of the concurrent findings of fact arrived at by the courts below while dismissing their suit for permanent injunction and mandatory injunction. The Rekha Sihag 2025.05.19 02:07 I attest to the accuracy and authenticity of this document Chandigarh RSA-76-2014(O&M) 2 plaintiffs are claiming to be the co-sharers in the joint un-partitioned land. They apprehend that the private defendants would carve out a colony and dispose of the property without getting license from either the Municipal Corporation or the District Town Planner, Haryana. 3. The private respondents filed a written statement claiming that they are not carving out any colony during the pendency of the proceedings. Now the property is located within the municipal limits and as of now, the colony has not been carved out. The appellants have already sought partition of the joint property by filing a suit, which is stated to be pending. The appellants have also filed the proceedings for initiation of the contempt proceedings by annexing certain photographs where certain bricks are lying. 4. Keeping in view the stand of the private defendants, both the courts have dismissed the plaintiffs’ suit. Moreover, the plaintiffs are co-sharers. 5. In view the aforesaid position, it would not be appropriate to keep the proceedings pending. 6. Hence, both RSA-76-2014 and COCP-2069-2020 shall stand disposed of. 7. All the pending miscellaneous applications, if any, are also disposed of. (ANIL KSHETARPAL) 13.05.2025 JUDGE rekha Whether speaking/reasoned Yes/No Whether reportable Yes/No Rekha Sihag 2025.05.19 02:07 I attest to the accuracy and authenticity of this document Chandigarh