IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3362 of 2007(O&M) Decided on : 16-02-2009 Shakil and another ....Appellants VERSUS Rajesh Kumar ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Bijender Dhankhar for the appellants. Mr. Harkesh Manuja, Advocate for the respondent MAHESH GROVER, J C.M. No.9356-C of 2007 For the reasons mentioned in the application, delay of 26 days in filing the appeal is hereby condoned. RSA No. 3362 of 2007 In this regular second appeal, the only grievance that has been made by the appellant is regarding the observation of the First Appellate Court that remedy of filing a suit for partition was available to the respondent who was plaintiff. The evidence on record suggest that parties are co-sharers. In this view of the matter, when an injunction was sought by the plaintiff-respondent as against other co-sharers, the observation of the First Appellate Court cannot be termed to be perverse in any manner so as to warrant any interference in regular second appeal. No infirmity has been pointed out in the observations of the First Appellate Court. That being the only grievance, the appeal is totally without any merit. Dismissed. February 16, 2009 (Mahesh Grover) rekha Judge