HARJEET SINGH Vs. MEHAR SINGH

JUDGEMENT

(1.) This is the second appeal filed by the defendants/appellants, assailing the judgment and decree dated 25.7.1987, passed by the first Appellate Court/Addl. District Judge, Patiala, thereby allowing the appeal filed by the plaintiff/respondent. Plaintiff and defendants have filed two suits against each other claiming permanent prohibitory injunction.

(2.) Both the suits filed by the plaintiff and defendants against each other bearing Civil Suit No. 11T/20.8.83 and Civil Suit No. 295/5.10.83 were consolidated, heard and decided by learned trial Court vide judgment and decree dated 4.6.1986. Learned trial Court dismissed the suit filed by the plaintiff restraining the defendants not to make interference in the possession of the plaintiff over the property in dispute; however, suit filed by the defendants against the plaintiff for permanent injunction was decreed by the learned trial Court, restraining the plaintiff not to make interference in the possession of the defendants.

(3.) Feeling aggrieved from the judgment dated 4.6.1986 passed by the learned trial Court, plaintiff preferred one appeal bearing C.A. No. 235 of 19.8.86 before the first Appellate Court challenging the judgment and decree dated 4.6.1986 passed by the Sub-Judge, Ist Class, Patiala/trial Court dismissing the suit of the plaintiff. However, no appeal was filed by the plaintiff against the judgment and decree of the same date i.e. 4.6.1986 decreeing the cross suit of the defendants for injunction against the plaintiff.