Balbir Singh vs Gurnek Singh on 31 July, 2009

R.S.A.No.2823 of 2009                                          1


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                               R.S.A.No.2823 of 2009

                               Date of Decision : 31.7.2009

Balbir Singh                                        ...Appellant

                               Versus

Gurnek Singh                                        ...Respondent

CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA

Present: Mr. Ashutosh Hoshiarpuri, Advocate,
         for the appellant.

HEMANT GUPTA, J. (ORAL)

The plaintiff is in second appeal aggrieved against the

judgment and decree passed by both the Court below, whereby the suit

for declaration, was dismissed.

The plaintiff has filed the present suit for declaration that he is

owner and in possession of the suit property for more than 16 years and

that the said property is ancestral property of the plaintiff. Both the

Courts have recorded concurrent finding of fact that the appellant has

taken contradictory stand. Inasmuch as he is asserting himself to be in

possession of co-parcenary property and also seek adverse possession,

which are contradictory to each other. It has been also found that the suit

of the defendant for possession has already been decreed vide judgment

and decree Exs.D-1 and D-2. The said judgment and decree have attained

finality and that the Executing Court already issued warrants of

possession.

In view of the said fact, there is no illegality and irregularity in
R.S.A.No.2823 of 2009 2

the judgment and decree passed by the Courts below. In fact the present

is a suit abusing the process of the Court so as to circumvent an order

passed by the Competent Court of jurisdiction. Thus, I do not find that

any substantial question of law arises for consideration of this Court in

second appeal.

Dismissed.

31.7.2009                                     (HEMANT GUPTA)
Vimal                                             JUDGE