R.S.A No. 3382 of 2007 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 3382 of 2007 Date of decision : July 22, 2009 Ranbir and others, ...... Appellant (s) v. Udey Singh and another, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Jai Vir Yadav, Advocate for the appellants. Mr. Kulvir Narwal, Advocate for respondent No.1. Mr. B.R.Gupta, Advocate for respondent No.2. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against that line in the decree of the learned lower appellate Court whereby the plaintiff-respondent No.1 has been declared to be the owner of the property bounded as `ABCD' in the site plan annexed to the plaint. The question posed by counsel for the appellants is whether in such a suit for injunction a decree of declaration could have been granted. Counsel for respondent No.1 is not in a position to deny that in fact no relief R.S.A No. 3382 of 2007 ::2:: of declaration had been sought in the suit though he claims that injunction had been sought on the basis of ownership. Be that as it may, once there was no prayer for declaration such relief could not have been granted in the decree. Thus, the following line in the decree of the lower appellate Court shall be deemed to have been omitted :- “ The suit of the plaintiff for seeking a decree of declaration shall stand decreed in his favour.” It is, however, clarified that the finding recorded by the lower appellate Court that any person can file a suit for preventing encroachment on a public passage cannot be faulted and, thus, that finding of the trial Court holding the suit to be not maintainable which has been set aside by the lower appellate Court can also not be faulted. It is further clarified that if there is ever any dispute with regard to ownership of the portion `BCD' between the respondents, the same will be decided on its own merit and any findings in these proceedings regarding any issue which may arise therein shall not be relevant. This appeal stands disposed of . As the main appeal has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) July 22, 2009. JUDGE `kk' R.S.A No. 3382 of 2007 ::3::