R. S. A No. 2459 of 2007 1 In the High Court of Punjab & Haryana at Chandigarh R. S. A No. 2459 of 2007 (O&M) Date of decision : 28.8.2008 Zakia Zahir and others ..... Appellants vs State of Haryana and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. M. P. S. Mann, Advocate, for the appellants. Mr.Navneet Singh, Assistant Advocate General, Haryana, for respondents no. 1 and 2. Mr. Sanjay Chauhan, Advocate, for respondent no. 3. Rajesh Bindal J. The plaintiffs are in appeal before this court against the judgment and decree of the appellate court where that of the trial court was reversed and the suit filed by them was dismissed. Briefly, the facts are that the plaintiffs filed suit through their attorney seeking permanent injunction restraining respondents/ defendants from interfering in their peaceful possession over the suit land. As per the facts evident from the pleadings of the parties, it is evident that they are not residing at Panipat since long. The land, ownership and possession of which is claimed in the suit is part of the drawings which were approved way back in 1963 for a residential scheme. The land which is sought to be claimed by the appellants in their possession is shown as open space in the residential colony which had come up long back. The same is being used by the residents as a public park. Even a tubewell has also been installed thereon. In these circumstances, the appellants could not claim that they are still in possession of the property in dispute and the suit for injunction as such was not maintainable. The learned lower appellate court had rightly pointed out that under the circumstances the appellants, at the most, could file a suit for possession and not a suit for permanent injunction. R. S. A No. 2459 of 2007 2 Keeping in view these findings, I do not find any merit in the present appeal. No substantial question of law arises for consideration of this court. Accordingly, the appeal is dismissed. 28.8.2008 ( Rajesh Bindal) vs. Judge