R.S.A. No. 2659 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 2659 of 2007 (O&M) Date of decision: 13.1.2009 Sukhdev Singh ....Appellant Versus Gram Panchayat, Kaleke ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: Mr. Suresh Goel, Advocate, for the appellant. ***** VINOD K. SHARMA, J (ORAL) C.M. No. 7438-C of 2007 This is an application for condoning the delay of 10 days in refiling the appeal. For the reasons stated in the application, C.M. is allowed and the delay of 10 days in refiling the appeal is condoned. R.S.A. No. 2659 of 2007 This regular second appeal is directed against the judgments and decrees dated 2.3.2006 and 15.1.2007 passed by the learned Courts below vide which the suit filed by the plaintiff/appellant seeking permanent injunction against Gram Panchayat from interfering in peaceful possession of the plaintiff has been ordered to be dismissed. It is the case of the plaintiff that on earlier occasion, he had filed a suit for injunction, which was decreed and the Gram Panchayat was restrained from interfering in the possession of the appellant except with R.S.A. No. 2659 of 2007 (O&M) -2- due process of law. The learned trial Court dismissed the second suit filed by the plaintiff by holding it to be not maintainable in view of the previous suit having been filed on same cause of action. The appeal also stands dismissed. The learned counsel for the appellant contends that plaintiff being in possession was also entitled to maintain the second suit for injunction. The learned counsel for the appellant contends that in spite of injunction order, the Gram Panchayat interfered in the possession of plaintiff, therefore, second suit. The contention of the learned counsel for the appellant cannot be accepted. The remedy for violating injunction lies somewhere else and not by filing the subsequent suits. The learned Courts were right in dismissing the suit. No substantial question of law arises for consideration by this Court in the regular second appeal. Dismissed. (Vinod K. Sharma) Judge January 13, 2009 R.S.