RSA No.3644 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3644 of 2007 (O&M) Decided on : 28.10.2009 Ravi Mayor ... Appellant versus Bhupinder Singh & others ...Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. S.C.Nagpal, Advocate for the appellant. Mr. Rohit Sud, Advocate for the respondent No.1 to3. **** 1.Whether Reporters of local newspapers 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. (ORAL) This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the plaintiff for permanent injunction restraining the defendants-respondents from interfering in the possession of his house in dispute. Both the Courts below have concurrently found that the appellant-plaintiff was not able to prove his exclusive possession over the house in dispute. Both the Courts below have also found that in a suit of partition which is pending between the legal heirs of Premnath Mayor, status quo order regarding possession was passed. Learned counsel for the RSA No.3644 of 2007 (O&M) -2- appellant has argued that in that suit respondents are not a party. However, he is not in a position to deny that during the pendency of the present suit, the respondents have become entitled to become a party in that partition suit. The following questions have been proposed: i) Whether the courts can ignore the report of the local commissioner with regard to possession, without any basis? ii)Whether the testimonies of other witnesses, corroborating the version of the appellant/plaintiff in the face of no witness, can be ignored by the ld. Courts below? iii)Whether the judgments and decrees passed by the ld. Courts below are conjectural and based on misreading of facts, consequently arrived at erroneous judgments? iv)Whether there is no legal basis for the dismissal of the suit and that of the appeal of the appellant/plaintiff? In my opinion, all the proposed questions are pure questions of fact. In view of the finding that a partition suit is pending which would determine the right of not only the appellant and the respondents but also the other legal heirs of Premnath Mayor and fact that the order of status quo was passed which is still in operation, no fault can be found with the judgments of the Courts below declining the present suit. RSA No.3644 of 2007 (O&M) -3- With these observations, this appeal is dismissed. October 28, 2009 (AJAY TEWARI) sonia JUDGE