SURJIT KAUR Vs. OM PARKASH

JUDGEMENT

(1.) The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh are governed by Sec. 41 of the Punjab Courts Act, 1918 and not by Sec. 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs vs. Chandrika and others, (2016) 6 SCC 157.

(2.) By this judgment two connected Regular Second Appeals i.e RSA-2577 of 2015 and RSA-6118 of 2017 shall stand disposed of.

(3.) Both the appeals have been filed separately by defendant No. 9-10 and 11-12 in a suit filed for grant of decree of declaration, with a consequential relief of permanent injunction and in the alternative for grant of a decree for possession. The learned counsel representing the parties are ad idem that both these appeals can be conveniently disposed of by a common order.