IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
C.R. No. 7186 of 2009 (O&M)
Date of Decision: 7.12.2009.
Taj Barman and others
....Petitioners
Versus
Sanjay Kumar and others
...Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr. Satinder Khanna, Advocate
for the petitioners.
RAJESH BINDAL J.
****
Challenge in the present petition is to the order dated August 6,
2007 passed by the learned Court below. Initially the father of the petitioner filed
a suit for declaration and permanent injunction regarding the property in dispute
on December 9, 1999. The application for amendment seeking possession
thereof was filed on November 21, 2006 claiming that during the pendency of the
suit, the possession of the property was taken forcibly by the
respondents/defendants. However, no date on which the possession was
allegedly taken during pendency of the suit has been mentioned either in the
application or could be pointed out at the time of hearing in the Court. It is also
not in dispute that the present petition challenging the order has been filed more
than two years after the passing of the order.
Considering the aforesaid fact, I do not find any reason to interfere
in the impugned order whereby the application for amendment has been
dismissed.
Dismissed.
(RAJESH BINDAL)
7.12.2009 JUDGE
Reema