RSA No.2889 of 1987 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RSA No.2889 of 1987 Date of Decision: 18.3.2010 State of Punjab & others ...Appellants Versus Kartar Singh .....Respondent 1. Whether Reporter of local papers may be allowed to see the judgment- Yes. 2.To be referred to the Reporters or not- Yes. 3. Whether judgment should be reported in the digest-Yes. Coram: Hon'ble Mr. Justice Alok Singh Present: Mr. Jaswinder Singh, DAG, Punjab for the State-appellants. Mr. Ramesh Sharma, Advocate for the respondent. ..... Alok Singh, J. (Oral) 1. This is the second appeal filed by the State- defendants/appellants assailing the judgment and decree dated 30.3.1987 passed by the First Appellate Court/District Judge Gurdashpr thereby decreeing the suit of the plaintiff restraining the defendants-State not to interfere with the possession of the plaintiff over the plot in dispute except in due course of law or putting the same in the auction except in due course of law. 2. Undisputedly the question of title was never decided while issuing the injunction by the Appellate Court. Plaintiff was found entitled to protect his possession till he is evicted/dispossessed in accordance with law. RSA No.2889 of 1987 2 3. Perusal of the memorandum of appeal reveals that no proposed substantial question of law has been stated/formulated in the memorandum of appeal as required by Section 100 (3) CPC. On this sole ground memorandum is liable to the rejected under Order 41 Rule 3 CPC. 4. Mr. Jaswinder Singh, Deputy Advocate General, Punjab has fairly stated that in view of liberty given by the First Appellate Court to the State-appellants to dispossess the defendants by adopting due course of law and further to auction the plot in question in due course of law nothing survives in the present appeal. No substantial question of law arises in the present appeal. Present appeal is, therefore, dismissed. (ALOK SINGH) JUDGE 18.3.2010 sharmila