R.S.A. No. 2187 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 2187 of 2008 (O&M) Date of decision: 08.1.2009 Jaipal ....Appellant Versus Sheeshpal ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: -Mr. Arvind Kahsyap, Advocate, for the appellant. Mr. S.S. Swaich, Advocate, for the caveator/respondent. ***** VINOD K. SHARMA, J (ORAL) This regular second appeal is directed against the judgment and decree dated 2.5.2008 passed by the learned lower appellate Court vide which the suit filed by the plaintiff/appellant for permanent injunction restraining the defendant from raising construction on the suit property has been ordered to be dismissed. The plaintiff/appellant filed a suit seeking permanent injunction against the respondent claiming himself to be the joint owner of the property in dispute by claiming that defendant was not in exclusive possession over any part of the suit property. It was further claimed that the property has not been partitioned between the parties. The suit was contested wherein plea was raised that the suit was not competent. It was also pleaded that the defendant has taken exclusive possession under the sale deed executed in his favour and the boundary wall also stands constructed over the suit property. Though the learned trial Court decreed the suit. The learned lower appellate Court has been pleased to reverse the findings by R.S.A. No. 2187 of 2008 (O&M) -2- holding that defendant/respondent was in possession of the property in dispute. The learned Court also took note of the fact that the appellant was not entitled to seek injunction in view of the Division Bench judgment of this Court in Bachan Singh Vs. Swaran Singh, 2000(2) P.L.J. 143. The order passed, thus, is in consonance with the law laid down by this Court in the case referred to above. No question of law, muchless substantial question of law, arises for consideration by this Court in this appeal. No merit. Dismissed. (Vinod K. Sharma) Judge January 8, 2009 R.S.