RSA No.176 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 176 of 2006 (O&M) Date of Decision: 04.11.2008 Upinder Kaur ......Appellant Versus Daljit Singh and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari 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? Present: Mr.K.S.Bassi, Advocate for the appellant. **** Ajay Tewari, J. The only ground taken by learned counsel for the appellant is that the finding of the Courts below that the present suit ( out of which this appeal has arisen) was liable to be stayed under Section 10 of the C.P.C., is wrong. Learned counsel for the appellant, however, is not in a position to deny that an earlier suit had been filed by the respondent wherein he had claimed injunction on the basis that he was a tenant in the property in dispute and that those proceedings are still pending. Learned counsel has also not denied that the present suit can be decreed only if it is found that the respondent is not a tenant but a trespasser. This is the precise question pending in the earlier litigation. RSA No.176 of 2006 2 No infirmity can thus be found in the findings of the Courts below. The appeal is , therefore, dismissed with no order as to costs. (AJAY TEWARI) JUDGE November 04, 2008 sunita