IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3704 of 2007 Date of decision: 27.7.2010 Mahmood and others ......Appellant(s) Versus Mohd Yonus and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Vinod S. Bhardwaj, Advocate for the appellants. Mr. Sandeep Chhabra, Advocate for respondents No.1 and 2. Rakesh Kumar Garg, J. (Oral) This is defendants' second appeal challenging the judgment and decree of the Lower Appellate Court whereby suit of the plaintiff- respondent for declaration with consequential relief of permanent injunction that they have become the owners of the suit property by way of adverse possession, has been decreed. At the outset, learned counsel for the appellants has raised question with regard to maintainability of the suit itself, however, he has challenged the findings of the Lower Appellate Court on other grounds also. During the course of arguments, learned counsel for both the parties agree that judgment and decree of the Lower Appellate Court be set aside and the matter be remanded to the District Judge, Faridabad for fresh decision. On the basis of the agreement/consent of the learned counsel for the parties as aforesaid, the judgment and decree of the Lower Appellate Court dated 28.10.2006 in Civil Appeal No.62 of 2006 is set RSA No.3704 of 2007 -2- aside and the matter is remanded to the District Judge, Faridabad for fresh decision. Let the parties appear before the District Judge, Faridabad on 13.9.2010. July 27, 2010 (RAKESH KUMAR GARG) ps JUDGE