RSA No. 4058 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 10361 of 2004 and RSA No. 4058 of 2004 Date of Decision: August 25, 2009 Vishnu Bhardwaj ...... Appellant Versus Smt. Usha Rani ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr. Amit Jain, Advocate for the appellant. Mr. Rakesh Gupta, Advocate for the respondent. **** 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. CM No. 10361 of 2004 For the reasons recorded in the application, the delay of 1 month and 9 days in refiling the present appeal is condoned. CM stands disposed of. RSA No. 4058 of 2004 This appeal has been filed against the judgment and decree of the learned lower Appellate Court reversing that of the trial Court thereby dismissing the suit of the plaintiff-appellant for mandatory injunction RSA No. 4058 of 2004 2 directing the respondent to remove certain construction on a wall claimed by the appellant and for permanent injunction restraining the respondent from making any further construction etc. on the said wall. The following questions have been proposed:- a) Whether in the facts and circumstances of the instant case, the findings recorded y the learned 1st Appellate Court in ignoring the documents Ex.P3 and Ex. P-4 are not illegal and unsustainable in law? b) Whether in the facts and circumstances of the instant case and in view of the affirmative and conclusive evidence led by the appellant supported by the oral evidence, the suit filed by the plaintiff-appellant could be dismissed? It would be seen that both the questions are pure questions of fact. Learned counsel has taken me not only through the findings but also the evidence . I have not been able to persuade myself that the findings thereon are either based on no evidence or based on such misreading of the evidence so as to render them perverse. Consequently this appeal is dismissed. No costs. (AJAY TEWARI) JUDGE August 25, 2009 sunita