IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.4214 of 2009 (O&M) Date of Decision : 23.4.2010 Gurmail Singh and others ....Appellants Versus Gurdev Singh ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr. G.S.Jaswal, Advocate for the appellants. ..... MAHESH GROVER, J. C.M.No.12765-C of 2009 Delay of 40 days in re-filing the appeal is condoned for the reasons mentioned in the application. Application stands allowed. C.M.No.12766-C of 2010 Allowed as prayed for. C.M.No.12767-C of 2010 C.M. is allowed. Annexure P-1 is taken on record. C.M.No.127686-C of 2009 in/and R.S.A.No.4214 of 2009 The plaintiffs/appellants impugn the judgments of the learned trial Court dated 28.1.2006 and that of the first Appellate Court dated 27.2.2009. R.S.A.No.4214 of 2009 (O&M) -2- They filed a suit alleging that the exchange deed dated 31.7.1992 (Annxure P-1) is a forged and fabricated document. The evidence on record shows that both the parties were in settled possession of the area which forms the subject-matter of the exchange deed dated 31.7.1992. The appellants have not been able to prove the fraud as alleged by them. The possession is sufficient long enough to show that the exchange deed was duly acted upon. Therefore, there can be no infirmity in the findings recorded by the Courts below. Besides, the matter is squarely covered by the judgment of this Court dated 16.7.2009 wherein the same dispute pertaining to the same exchange deed dated 31.7.1992 was dismissed. It has been brought to the notice of this Court that the SLP against the said judgment has also been dismissed. Consequently, the appeal being without any merit is dismissed. The stay application is also dismissed. 23.4.2010 (MAHESH GROVER) JUDGE dss