MADAN LAL SHARMA Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The plaintiffs are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit of the appellants/plaintiffs seeking declaration to the effect that the plaintiffs are joint owners in possession of the land measuring about 28 Marlas as fully described in the head note of the plaint; and entered as such in the Jamabandi for the year 2007-08; and that there does not exist any public Park or public passage in the said land; and the plaintiffs have every right to raise the construction in the aforesaid land; and for Permanent Injunction as consequential relief restraining the defendants from claiming the existence of any part or passage in the aforesaid land from carving out any passage or putting concrete for constructing and brick paving or bitumen paving the same or creating any part in the aforesaid land, has been dismissed by both the Courts blow.

(2.) At the very outset, it may be pointed out that the present appeal is of the year 2019. However, notice has not yet been issued in the same as since 2019, the matter has been adjourned multiple times either due to non-appearance of, or at request of ld. counsel for the appellants.

(3.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the plaintiffs'; and the respondents are the defendants'.