RSA No. 1641 of 2007 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH -.- RSA No. 1641 of 2007 Date of decision: 25.02.2008 Pushpa ...Appellant Versus Hamir Kaur and others ...Respondents Coram: Hon'ble Mrs. Justice Nirmal Yadav -.- Present : Mr. SC Pathela, Advocate for the Appellant Mr. C S Bakshi, Advocate for the respondents -.- Nirmal Yadav, J. (Oral) This is defendant's regular second appeal is directed against the judgment and decree dated 04.01.2007 passed by learned District Judge, Bathinda, thereby, modifying the judgment and decree dated 24.07.2006 passed by learned Additional Civil Judge (Senior Division), Bathinda. Briefly, the plaintiff filed a civil suit for permanent injunction to the effect that the defendants be restrained from forcibly and illegally interfering with the possession of her plot measuring 64' x 34'. The trial Court dismissed the suit while holding that the plaintiff has failed to prove the exact dimension of the plot and she is not in exclusive possession of any area falling in khasra No. 2453, as she has purchased only a share out of the said khasra number. RSA No. 1641 of 2007 2 Aggrieved against the judgment and decree dated 24.07.2006, passed by the trial Court, the plaintiff preferred the appeal, which was also dismissed by the lower appellate Court. The Appellate Court, however, modified the judgment and decree of the trial Court holding that both the parties are not in exclusive possession of the suit property and defendant- Pushpa is only a co-sharer on the basis of sale deed. Taking into consideration the evidence on record, it is well proved that both, the plaintiff as well as defendants, have purchased shares out of khasra No. 2453. However, they have not been put in exclusive possession of any specific area. The only remedy available to both the parties is to get the land partitioned by approaching the competent authority. No question of law, muchless substantial question of law having been arisen for consideration in the instant appeal, it is dismissed. (Nirmal Yadav) Judge February 25, 2008 mohan