IQBAL SINGH THROUGH LRS. Vs. HARI KISHAN LAL

JUDGEMENT

(1.) The instant appeal has impugned the judgment and decree dtd. 23/3/2019, passed in RCA No. 38/2019, dismissing the appeal preferred by the appellants/plaintiffs against the judgment and decree dtd. 30/4/2007 in the civil suit bearing no. CA No. 22/07, whereby, the civil suit preferred by the appellants/plaintiffs seeking declaration, possession, and injunction, was dismissed by the Trial Court.

(2.) The dispute in the present case essentially pertains to a lis spanning nearly five decades, originating from a civil suit for permanent injunction which had been instituted on 30/11/1974, by Iqbal Singh, the original plaintiff. The aforementioned civil suit was earlier decreed vide judgment and decree dtd. 30/1/1978 and being aggrieved by the said decree, the original defendant preferred an appeal. During the pendency of the appellate proceedings, the original plaintiff withdrew the civil suit, citing that it was instituted due to an apprehension of being dispossessed from the land in question by the use of force. Subsequently, on 13/3/1981, the original plaintiff filed the instant suit alleging that the respondents/defendants, in collusion with law enforcement authorities, intimidated and issued threats of his dispossession.

(3.) During the pendency of the suit, proceedings under Sec. 145 of the Code of Criminal Procedure, 1973 (Cr.P.C.) were initiated, resulting in the attachment of the suit property vide order dtd. 25/4/1981. Subsequently, by order dtd. 23/6/1985, the Sub-Divisional Magistrate (SDM) directed that the possession of the suit property be delivered to the respondents/defendants, and accordingly, the attachment order was withdrawn. A revision petition was filed before the High Court challenging the said order which was also dismissed, and a Special Leave Petition (SLP) preferred before the Supreme Court was withdrawn, with a liberty to approach the Civil Court for the appointment of a receiver concerning the suit property.