NISHAN SINGH Vs. BHARAT INDUSTRY WORKS

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 28.11.1996 passed by the learned Additional District Judge, Amritsar. By this judgment, the learned Additional District Judge has reversed the judgment of the learned trial Court and has accepted the appeal of the respondent- defendant with costs.

(2.) BRIEFLY stated facts of the case are that petitioner/plaintiff filed suit against the defendant/respondent for permanent injunction restraining defendant from interfereing with the possession of the land. The only document which was relied upon by the plaintiff was an order dated 23.4.1993 passed by AC II Grade copy of which is Ex. P-3. In terms of this order, the plaintiff was shown in possession of the suit land since 1989. It may, however, be relevant to note here that in the same order the land was shown as "Gair Mumkin". The aforesaid order dated 23.4.1993 was, however, reviewed by AC II Grade vide order dated 16.6.1994.

(3.) MR . Verka, the learned counsel appearing on behalf of the respondent, however, submits that the Commissioner, Jalandhar Division, Chandigarh has already disposed of the appeal vide order dated 14.11.1996 and in terms of the said order, the appeal filed by the petitioner/plaintiff against the order dated 16.5.1994 has been dismissed. Since the appeal itself has been dismissed, the interim stay granted by the Commissioner (Appeals) Jalandhar Division, Chandigarh stands vacated.