C.M. No.917-C of 2009 and -1- RSA No.555 of 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. No.917-C of 2009 and RSA No.555 of 2008 Date of Decision: 05.08.2009 Gram Panchayat village Kanjari ...Applicant/Appellant VERSUS Harwinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE AJAY TEWARI Present: Mr. S. S. Salar, Advocate for the applicant-appellant. Mr. Arvind Kashyap, Advocate for the respondent. *** AJAY TEWARI J. (ORAL) C.M. No.917-C of 2009 Application allowed. Certified copy of Ex.P5 i.e. the site plan prepared by the Local Commissioner is placed on record. RSA No.699 of 2009 This appeal has been filed against concurrent judgments of the Courts below dismissing the suit of the appellant for permanent injunction restraining the respondent from encroaching on the alleged public street and the sole argument raised by learned counsel for the appellant is that the findings have been recorded on perverse reading of the evidence. Learned counsel for the appellant has taken me not only through the findings but also through the evidence and I regret my inability to hold that they are either based on no evidence or a perverse reading of the C.M. No.917-C of 2009 and -2- RSA No.555 of 2008 evidence. Learned counsel for the appellant has further argued that the report on the site plan Ex.P-5 prepared by the Local Commissioner has not been considered in its correct perspective. I find that both the Courts below have considered the report on site plan in detail. Thus in my opinion, it can not also be said that the said report was considered in a perverse manner. Consequently, this appeal is dismissed. No costs. As the main case has been disposed of therefore all the pending civil miscellaneous applications in the case also stand disposed of. ( AJAY TEWARI ) August 05, 2009 JUDGE ashish