R.S.A. No. 5112 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 5112 of 2010 (O&M) Date of Decision: January 7, 2011 Balbir Singh …..Appellant Vs. Suresh Kumar and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Rajesh Garg, Advocate and Mr.Rakesh Dhiman, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) The suit of the plaintiff- appellant has been partly decreed by the Courts below holding that the plaintiff- appellant is entitled to injunction in the property in dispute to the extent of 5 ft. width adjoining the land of passage and that the remaining land having width of 6’ 6” is the land belonging to defendant No.1 in which the plaintiff-appellant cannot be said to have any right, title or concern. R.S.A. No. 5112 of 2010 (O&M) [2] Counsel for the appellant has contended that the defendant has been wrongly held to be the owner of 6’ 6” of passage declining the right of the plaintiff- appellant to use the entire 11’ 6” of the path in dispute. I have heard counsel for the appellant, gone through the site plan Ex.PW1/A which has been made available by counsel for the appellant and I am of the opinion that a concurrent finding of fact has been arrived at by the Courts below regarding the property in dispute. The suit of the plaintiff- appellant has been partly decreed granting him right of user of the rasta of 5’ in dispute. No substantial question of law is involved in the appeal warranting interference in the exercise of jurisdiction under Section 100 CPC. Dismissed. January 7, 2011 (M.M.S.BEDI) sanjay JUDGE