R.S.A.No.2823 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2823 of 2009 Date of Decision : 31.7.2009 Balbir Singh ...Appellant Versus Gurnek Singh ...Respondent CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Ashutosh Hoshiarpuri, Advocate, for the appellant. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by both the Court below, whereby the suit for declaration, was dismissed. The plaintiff has filed the present suit for declaration that he is owner and in possession of the suit property for more than 16 years and that the said property is ancestral property of the plaintiff. Both the Courts have recorded concurrent finding of fact that the appellant has taken contradictory stand. Inasmuch as he is asserting himself to be in possession of co-parcenary property and also seek adverse possession, which are contradictory to each other. It has been also found that the suit of the defendant for possession has already been decreed vide judgment and decree Exs.D-1 and D-2. The said judgment and decree have attained finality and that the Executing Court already issued warrants of possession. In view of the said fact, there is no illegality and irregularity in R.S.A.No.2823 of 2009 2 the judgment and decree passed by the Courts below. In fact the present is a suit abusing the process of the Court so as to circumvent an order passed by the Competent Court of jurisdiction. Thus, I do not find that any substantial question of law arises for consideration of this Court in second appeal. Dismissed. 31.7.2009 (HEMANT GUPTA) Vimal JUDGE