OM PARKASH Vs. BALWAN SINGH

JUDGEMENT

(1.) CIVIL Misc. No.1797-C of 2006 This application has been moved with a prayer to recall order dated 31.1.2006, vide which, RSA No.136 of 2004, was dismissed for non prosecution. In view of averments made in this application, which is accompanied by an affidavit, it is allowed, order dated 31.1.2006 is recalled and RSA is restored to its original number. On request made by counsel for the parties, RSA is taken on board for hearing today itself. CIVIL Misc. No.330-C of 2004 In view of averments made in this application, which is accompanied by an affidavit, it is allowed and 143 days delay in filing the appeal stands condoned. RSA No.136 of 2004 Respondent-plaintiff filed a suit for permanent and mandatory injunction against the appellant -defendant with a prayer that he be RSA No.136 of 2004(O&M) -2- restrained from disposing of the land, in dispute, in any manner.

(2.) IT was further prayed that he be also restrained from raising construction over any specific portion of the joint land. Suit was partly decreed. Appellant was restrained from raising construction on any specific portion of the land without getting the same partitioned. Rest of the prayer made, by the respondent was declined. Appellant failed in appeal. IT is not in dispute that the land, in dispute, is joint between the parties. The Court below is justified to say that over any specific portion of the joint land, appellant was not entitled to raise construction to the detriment of other co-sharers. In view of findings given by the appellate Court below in paragraph Nos.13 to 16, no case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments. Dismissed.