IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 1292 of 2009 (O&M) Date of decision : May 20, 2009 Chandan Singh Appellant Versus Ram Singh and others Respondents CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. M.S. Tewatia, Advocate for the appellant Mr. Narender Hooda, Advocate for respondents No. 2 (a), (b) and (c) A.N. JINDAL, J. (ORAL) C.M. No. 6053-C of 2009 For the reasons mentioned in the application, appeal is restored to its original number. C.M. No. 3790-C of 2009 For the reasons mentioned in the application delay of 437 days in refiling the appeal is hereby condoned. R.S.A. No. 1292 of 2009 The plaintiff/appellant had filed a suit for permanent injunction restraining the defendant/respondents from interfering or encroaching upon any portion of agricultural land bearing Khewat/Khatuni No. 526/659 min, Rect. No. 45, Killa No. 19/2(0-12), 22/1(3-5) total measuring 3 kanals 7 marlas situated within the revenue estate of village Dhatir, Tehsil Palwal, District Faridabad. Learned counsel for the appellant has stated that defendants have forcibly and illegally encroached upon the land owned and possessed by the Gram Panchayat which exists towards R.S.A. No. 1292 of 2009 (O&M) 2 the eastern side of Killa No. 22/1 of the plaintiff. As admitted by the plaintiff while appearing as PW 3 that defendants had constructed the house six to eight years ago on the Panchayat land and partly on his land. Now no relief could be granted with regard to mandatory injunction without amendment of the pleadings. Moreover, in the present case, there is no such evidence for proving any encroachment over the suit land at the hands of the defendants. It is also not proved on the record whether defendants have encroached upon any portion of Panchayat land. Gram Panchayat had not been impleaded as party. As such impugned judgment is shorn of any illegality warranting interference at this second appellate stage. No substantial question of law arises or is involved in this case. Dismissed. (A.N.JINDAL) 20.05.2009 JUDGE reena