RSA No. 2763 of 2007(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2763 of 2007(O&M) Date of Decision: March 09, 2010 Surjeet Singh ...... Appellant Versus Tara Singh and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Ms.Alka Sarin, Advocate for the appellant. Mr.Rajbir Wasu, Advocate for respondent No.1. **** 1. Whether Reporters of local papers 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. This appeal has been filed against the judgment of the learned Lower Appellate Court reversing that of the trial Court and thereby dismissing the suit of the appellant for an injunction restraining the respondents from encroaching upon any portion of path adjoining to the land bearing khasra number 673/400. It is not disputed between the parties that the appellant had created a passage which was given the number 672/400. Learned counsel for the respondents has stated that they have no concern with this khasra number viz. 672/400. The learned Lower Appellate Court allowed the appeal and dismissed the suit only because the details of the land sought by the RSA No. 2763 of 2007(O&M) 2 appellant were not mentioned in the plaint. Learned counsel for the respondents is not in a position to dispute that as per the written statement the respondent had admitted that the appellant had carved out a personal passage inland bearing khasra Nos. 672/400, 670/399 and 668/399 and that he had no connection therewith. In view of the fair statement of learned counsel for the respondents that the respondents have no interest in Khasra Number 672/400(0k-4M), I deem it appropriate to set aside the judgment of the learned Lower appellate Court and restore that of the learned trial Court with the clarification that the respondents would not make any encroachment upon the land comprised in khasra Number 672/400(0 K- 4M). With this modification this appeal is disposed of. Since the main case has been decided, the pending Civil Misc. Applications, if any, stand disposed of. (AJAY TEWARI) JUDGE March 09 , 2010 sunita