RSA No.836 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.836 of 2011 (O&M) Date of Decision: 02.12.2011 Balwinder Singh ...Appellant Vs. Jagsir Singh Malhi & Anr. Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL --- Present: Mr.Rajesh Bhatheja, Advocate, for the appellant. --- A.N.Jindal, J. Having lost his case before both the courts below the appellant/plaintiff (herein referred as the plaintiff) has preferred this regular second appeal. The plaintiff, in a suit for permanent injunction, has alleged that street in dispute is a blind alley and is being used by him as well as other neighbours, namely Kanta Devi wife of Darshan Pal, Mohinder Singh son of Buta Singh, Gurdev Singh son of Makhan Singh, Asha Mata, Priest of Asha Mata Mandir, Lalita Devi wife of Anil Kumar and Nand Singh son of Nazar Singh. RSA No.836 of 2011 2 Consequently, he has pleaded that the defendants/respondents (herein referred as the defendants) have no right to open the doors and windows in the said street and use the same in a similar manner. Notice of the suit was issued to the defendants, but they did not contest the suit. Trial court vide judgment dated 14.01.2010 dismissed the suit and the appeal preferred by him was also dismissed on 9.11.2010. Heard. The claim set up by the plaintiff is devoid of any merit. The dispute relates to blind alley which could be used by all the house owners whose houses abut the street. The plaintiff appeared in the witness box as PW 8 and has examined Avinash Chander Garg (PW 1), Kanta Devi alias Kamla Devi (PW 2), Lalita Devi (PW 3), Gurdev Singh (PW 4), Nand Singh (PW5), Asha Mata (PW 6) and Vivek Kumar (PW 7) (the street users). It has been stated by them that the street is used not only by the plaintiff alone but many other persons. House of the defendants also abut the said street. Site plan attached to the file indicates that it is a public street and is being used by the public at large. Photographs Ex.P.2 to Ex.P.13 also contradict the contentions set up by the plaintiff. Since it is a public street the defendants, whose house abut the said street, have every right to open the doors and windows in the said street for use of the same in a similar manner. RSA No.836 of 2011 3 No question of law much less substantial question of law arises for determination in this regular second appeal. Dismissed in limine. (A.N.Jindal) 2.12.2011 Judge rp-