Shakil And Another vs Rajesh Kumar on 16 February, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                       RSA No.3362 of 2007(O&M)
                         Decided on : 16-02-2009

Shakil and another
                                                   ....Appellants
                     VERSUS
Rajesh Kumar
                                                   ....Respondent

CORAM:- HON’BLE MR. JUSTICE MAHESH GROVER

Present:- Mr. Bijender Dhankhar for the appellants.

Mr. Harkesh Manuja, Advocate for the respondent

MAHESH GROVER, J

C.M. No.9356-C of 2007

For the reasons mentioned in the application, delay of 26 days

in filing the appeal is hereby condoned.

RSA No. 3362 of 2007

In this regular second appeal, the only grievance that has been

made by the appellant is regarding the observation of the First Appellate

Court that remedy of filing a suit for partition was available to the

respondent who was plaintiff. The evidence on record suggest that parties

are co-sharers.

In this view of the matter, when an injunction was sought by

the plaintiff-respondent as against other co-sharers, the observation of the

First Appellate Court cannot be termed to be perverse in any manner so as

to warrant any interference in regular second appeal. No infirmity has been

pointed out in the observations of the First Appellate Court. That being the

only grievance, the appeal is totally without any merit.

Dismissed.

February 16, 2009                                   (Mahesh Grover)
rekha                                                   Judge