IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH

C.M No. _______ of 2019

IN RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Application under Order 41 Rule 5 read with Section 151

CPC for staying the operation of impugned Judgments and
Decrees passed by the Ld. Courts below, during the
pendency of the present appeal.

RESPECTFULLY SHOWTH:

1. That the above noted appeal is being filed before this Hon’ble Court

which is prima facie very strong and is likely to succeed on the basis of grounds taken

in the grounds of appeal, which may be read as part of this application.

2. That the impugned Judgment and decree passed by the Ld. Courts below

are based on surmises and conjectures and are result of misreading of evidence. The

respondent on the basis of impugned judgment and decree are trying to take advantage

of the situation and are bent upon to execute the decree, in which case the appellants

will suffer irreparable loss.

3. That the balance of convenience lies in favour of the appellants and

against the respondent.

It is therefore, respectfully prayed that the application may kindly be allowed

and the operation of impugned Judgments and decrees passed by the Ld. Courts below

may kindly be stayed during the pendency of the appeal in this Hon’ble Court, in the

interest of justice.

Note: Affidavit is attached.

CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)

ADVOCATES
DATED: 07.01.2019 COUNSEL FOR THE APPELLANT
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

C.M No. _______ of 2019

IN RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Affidavit of Sandeep son of Pala Ram, residents of village

Akalgarh, Tehsil Julana, District Jind.

I, the above named deponent, do hereby solemnly affirm and declare as under:-

1. That the above noted appeal is being filed before this Hon’ble Court

which is prima facie very strong and is likely to succeed on the basis of grounds taken

in the grounds of appeal, which may be read as part of this application.

2. That the impugned Judgment and decree passed by the Ld. Courts below

are based on surmises and conjectures and are result of misreading of evidence. The

respondent on the basis of impugned judgment and decree are trying to take advantage

of the situation and are bent upon to execute the decree, in which case the appellants

will suffer irreparable loss.

3. That the balance of convenience lies in favour of the appellants and

against the respondent.

Chandigarh
Dated: 07.01.2019 Deponent

VERIFICATION:
Verified that the contents of Paras No.1 to 3 of my above affidavit are true and
correct to my information and knowledge. No part of it is false and nothing has been
concealed therein.

Chandigarh
Dated: 07.01.2019 Deponent
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Affidavit of Sandeep son of Pala Ram, residents of village

Akalgarh, Tehsil Julana, District Jind.

I, the above named deponent, do hereby solemnly affirm and declare as under:-

1. That the deponent is filing the accompanying appeal in this Hon’ble Court, which

is prima facie very strong and is likely to succeed on the grounds taken therein.

2. That the above noted appeal has been prepared and drafted under the instructions

and authority of the deponent. All the contents of the appeal have been read by the

deponent and the deponent have understood the same and the same are true and correct

to the knowledge of the deponent. No part of the grounds of appeal is false and nothing

has been kept concealed therein.

3. No such or similar appeal has earlier been filed by the deponent either in this

Hon’ble Court or in the Hon’ble Supreme Court of India.

Chandigarh
Dated: 07.01.2019 Deponent

VERIFICATION:

Verified that the contents of Paras No.1 to 3 of my above affidavit are true and

correct to my information and knowledge. No part of it is false and nothing has been

concealed therein.

Chandigarh
Dated: 07.01.2019 Deponent
 GROUNDS OF APPEAL

1. That the Ld. Courts below have erred in decreeing suit of the plaintiffs.

The pleadings, evidence on record and relevant proposition of law

applicable thereto have neither been properly considered nor appreciated

by the Ld. Courts below and the findings given by Ld. Courts below are

totally wrong, illegal, without jurisdiction and are based on illegal,

irrelevant, insufficient, erroneous and conjectural grounds and is result of

misreading of evidence on record and non-appreciation of law applicable

thereto and as such are not sustainable in the eyes of law.

2. That the judgment and decree passed by Ld. Courts below are illegal,

erroneous, perverse and as such are liable to be set-aside on the following

amongst other grounds:-

(i). That the Ld. Courts below have failed to take into consideration the

fact that the respondents/plaintiffs are not in possession of the suit

land. It is well settled law that a plaintiff who is not in possession of

suit land is not entitled to any injunction under the law. Admittedly,

the plaintiffs have filed an execution application for the purpose of

seeking possession as per the earlier decree. Hence, the suit filed by

the plaintiffs, is liable to be dismissed on this ground alone.

(ii). That the Ld. Courts below have failed to take into consideration the

fact that the present suit filed by the plaintiffs is barred by Order 2

Rule 2 of Code of Civil Procedure, 1908. In the previous suit, the

plaintiffs have not sought the relief of injunction and as such the

present suit is not maintainable qua said relief. Therefore, the present
 suit is not maintainable in the eyes of law and as such is liable to be

dismissed.

(iii). That the Ld. Courts below have failed to take into consideration the

fact that it has been duly proved on record that the plaintiffs are not

in possession. Further, the plaintiffs have not sought the relief of

possession in the present case. Hence, the suit filed by the plaintiffs

is bad in the eyes of law.

(iv). That the Ld. courts below have ignored the factual position on the

spot, as per which it has been duly proved by the present appellants

that they have a constructed house situated on the suit property.

Therefore, suit for injunction filed by the respondents/plaintiffs, who

are not in possession is not maintainable.

(v). That the Ld. Ist Appellate Court has failed to pass a duly reasoned

judgement qua the factual and legal pleas raised by the present

appellant. The only reason given by the Ld. Ist Appellate Court is that

the defendants/present appellants have lost in the earlier litigation till

Hon’ble High Court. It is respectfully submitted that the Ld. Court

ought to have dealt with the legal and factual pleas raised by the

present appellants and as such the judgement passed by Ld. Ist

Appellate Court is bad in the eyes of law.

3. That the following substantial question of law arises for kind adjudication

by this Hon'ble Court:-

(i). Whether the suit filed by plaintiff/respondent is barred by Order 2

Rule 2 of Code of Civil Procedure, 1908?

 (ii). Whether a suit for injunction by a person who is not in possession is

maintainable in the eyes of law?

(iii). Whether it is incumbent upon the Court to decide all the legal and

factual controversies involved in a suit/appeal?

(v). Whether the present suit is bad for non-joinder of necessary party?

(v). Whether the judgement and decree passed by Ld. Courts below are

illegal and perverse and as such deserves to be set-aside?

4. That no such or similar appeal has been filed by appellants against the

impugned judgment and decrees passed by Ld. Courts below.

It is therefore, respectfully prayed that:-

(i). appeal may kindly be allowed and the impugned judgment and

decrees passed the Ld. Courts below may kindly be set-aside and

consequently the suit of the respondent/plaintiff may kindly be

ordered to be dismissed in toto with costs, in the interest of justice;

(ii). the appellants may kindly be exempted from filing certified/true

typed copies of Judgment and decree passed by Ld. Courts below as

well as grounds of appeal before the Ld. Lower Appellate Court:

(iii). any other relief to which the appellants may be found entitled may

kindly be granted to him, in the interest of justice.

CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)

ADVOCATES
DATED: 07.01.2019 COUNSEL FOR THE APPELLANT
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

RSA. NO. ____________ OF 2019

MEMO OF PARTIES

1. Pala now deceased through his LRs

(i) Smt.Sunheri (Age about 56 years), widow,

(ii) Pardeep (Age about 29 years),

(iii) Sandeep (Age about 27 years), sons of Pala Ram,

all residents of village Akalgarh, Tehsil Julana, District Jind.

2. Ram Bhaj (Age about 68 years), son of Puran son of Shadi, resident of

village Akalgarh, Tehsil Julana, District Jind.

.... Appellant

Versus

The Akalgarh Cooperative Credit and Service Society Ltd. Akalgarh Tehsil

Julana, District Jind, now called as Sub Centre Akalgarh of the Karsola P.A.C.S.

Ltd. Karsola, through it’s PACS Manager/CEO.

...Contesting Respondent

CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)

ADVOCATES
DATED: 07.01.2019 COUNSEL FOR THE APPELLANTS
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent
INDEX

Sr. No Particulars Dates Pages Ct. Fee

1. Court Fee 07.01.2019 --- ---

2. Application for condonation of delay in 31.05.2019 A-B 2.75/-

filing
3. Affidavit in support 31.05.2019 C ---

4. Application for condonation of delay in 23.09.2019 D-E 2.75/-

re-filing
5. Affidavit in support 23.09.2019 F-G ---

6. Application for stay 07.01.2019 H 2.75/-

7. Affidavit in support 07.01.2019 I ---

8. Grounds of Appeal 07.01.2019 1-4 ---

9. Affidavit in support 07.01.2019 5 ---

10. Memo of Parties 07.01.2019 6 25.00/-

11. Judgment and decree passed by Ld. 20.11.2014 7-20 ---

Civil Judge (Senior Division), Jind.
12. Judgment and decree passed by Ld. 18.09.2018 21-29 ---
District Judge, Jind.
13. Grounds of Appeal Before Ld. District .12.2014 30-31 1.30/-
Judge, Jind
14. Certified copy of Judgment and decree 20.11.2014 32-45 4.00/-
passed by Ld. Civil Judge (Senior
Division), Jind.
15. Certified copy of Judgment and decree 18.09.2018 46-54 4.00/-
passed by Ld. District Judge, Jind.
16. Power of Attorney 22.12.2018 55 2.75/-

Total Rs. 45.30/-

NOTE: 1. Whether any caveat received: No
2. Similar Case: Nil.

CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)

ADVOCATES
DATED: 23.09.2019 COUNSEL FOR THE APPELLANTS
(P-860/2002) (P-308/2006)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Total Court Fee Attached

Rs. 39.80/- + Urgent Form 2.75/-

=42.55/-
CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)
ADVOCATES
DATED: 07.01.2019 COUNSEL FOR THE APPELLANTS
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

C.M No. _______ of 2019

IN RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Application under Section 151 of C.P.C., 1908 for

condonation of delay of 41 days in re-filing the

appeal.

RESPECTFULLY SHOWTH:

1. That the above noted appeal is being filed before this Hon’ble Court

which is prima facie very strong and is likely to succeed on the basis of grounds

taken in the grounds of appeal, which may be read as part of this application.

2. That the matter was filed in the Hon'ble Court on 07/01/2019 i.e. on

the day when the High Court opened after winter vacations. However, the

registry raised various objections including memo of parties. The same was

corrected and the appeal was again re-filed on 20/02/2019, but the same was

returned by the registry with same objections. After removal of said objections,

the matter was again re-filed on 12/04/2019. Thereafter, the file was again filed

after removal of all the objections. However, now objection has been raised by

registry regarding delay in re-filing as well. However, due to renovation work in

the house of present counsel, the file was placed in other briefs and this fact went
un-noticed. The file was traced out after the appellants contacted the present

counsel to enquire about status of the appeal.

3. That the delay in re-filing the appeal has occurred due to aforesaid

bonafide reason and now the appeal is being filed which is complete in all

respect. It is respectfully submitted that delay in re-filing, if not condoned would

result into bonafide rights of the appellants being defeated.

4. That the appellants are is not going to gain any thing by the delay in re-

filing the appeal, rather they are the sufferer due to this reason. In case the delay

in re-filing the appeal is not condoned, the appellants shall be denied of their

lawful right of being heard and will suffer an irreparable loss and injury.

It is therefore prayed that the delay of 41 days in re-filing the appeal may

kindly be condoned in the interest of justice.

Note: Affidavit is attached.

CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)

ADVOCATES
DATED: 23.09.2019 COUNSEL FOR THE APPELLANTS
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

C.M No. _______ of 2019

IN RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Affidavit of Ajay Kumar Kansal, Advocate, High

Court of Punjab and Haryana at Chandigarh.

I, the above named deponent, do hereby solemnly affirm and declare as under:-

1. That the above noted appeal is being filed before this Hon’ble Court which

is prima facie very strong and is likely to succeed on the basis of grounds taken in

the grounds of appeal, which may be read as part of this application.

2. That the matter was filed in the Hon'ble Court on 07/01/2019 i.e. on the

day when the High Court opened after winter vacations. However, the registry

raised various objections including memo of parties. The same was corrected and

the appeal was again re-filed on 20/02/2019, but the same was returned by the

registry with same objections. After removal of said objections, the matter was

again re-filed on 12/04/2019. Thereafter, the file was again filed after removal of

all the objections. However, now objection has been raised by registry regarding

delay in re-filing as well. However, due to renovation work in the house of

present counsel, the file was placed in other briefs and this fact went un-noticed.

The file was traced out after the appellants contacted the present counsel to

enquire about status of the appeal.

3. That the delay in re-filing the appeal has occurred due to aforesaid

bonafide reason and now the appeal is being filed which is complete in all

respect. It is respectfully submitted that delay in re-filing, if not condoned would

result into bonafide rights of the appellants being defeated.

4. That the appellants are is not going to gain any thing by the delay in re-

filing the appeal, rather they are the sufferer due to this reason. In case the delay

in re-filing the appeal is not condoned, the appellants shall be denied of their

lawful right of being heard and will suffer an irreparable loss and injury.

Chandigarh
Dated: 23.09.2019 Deponent

VERIFICATION:

Verified that the contents of paras No.1 to 4 of my above affidavit are true

and correct to my information and knowledge. No part of it is false and nothing

has been concealed therein.

Chandigarh
Dated: 23.09.2019 Deponent
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH

C.M No. _______ of 2019

IN RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Application under Section 5 of Limitation Act for

condonation of delay of 3 days in filing the appeal.

RESPECTFULLY SHOWTH:

1. That the above noted appeal is being filed before this Hon’ble Court

which is prima facie very strong and is likely to succeed on the basis of grounds

taken in the grounds of appeal, which may be read as part of this application.

2. That the copy of impugned judgment and decree passed by the Ld. I st

Appellate Court was received by counsel for the plaintiff on 10.10.2018, which

was supplied to him with the information that the appeal before the Hon'ble High

Court could be filed within 90 days. However, because of winter vacations in the

month of December, 2018, the applicant got confused as to whether the period of

vacations should be excluded from 90 days.

3. That this fact came to notice of the appellant when he met the present

counsel and discussed about the matter. He came to know about exact period of

limitation and instructed the present counsel to prepare the grounds of appeal. In

this manner, a delay on 3 days has occurred, which delay is not only intentional,

but is due to circumstances as detailed above.

4. That the appellant will suffer an irreparable loss and injury in case the

delay in filing the instant appeal is condoned.

 It is therefore prayed that the delay of 3 days in filing the appeal may kindly be

condoned in the interest of justice.

Note: Affidavit is attached.

CHANDIGARH (AJAY KUMAR KANSAL) & (GARIMA KANSAL)

ADVOCATES
DATED: 31.05.2019 COUNSEL FOR THE APPELLANTS
 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
C.M No. _______ of 2019
IN RSA NO._________ OF 2019

Pala Ram through L.R.'s and Ors ...Appellants

Versus
The Akalgarh Cooperative Credit and Service Society Ltd. ...Respondent

Affidavit of Sandeep son of Pala Ram, residents of village

Akalgarh, Tehsil Julana, District Jind.

I, the above named deponent, do hereby solemnly affirm and declare as under:-

1. That the above noted appeal is being filed before this Hon’ble Court

which is prima facie very strong and is likely to succeed on the basis of grounds taken

in the grounds of appeal, which may be read as part of this application.

2. That the copy of impugned judgment and decree passed by the Ld. I st

Appellate Court was received by counsel for the plaintiff on 10.10.2018, which was

supplied to him with the information that the appeal before the Hon'ble High Court

could be filed within 90 days. However, because of winter vacations in the month of

December, 2018, the applicant got confused as to whether the period of vacations

should be excluded from 90 days.

3. That this fact came to notice of the appellant when he met the present

counsel and discussed about the matter. He came to know about exact period of

limitation and instructed the present counsel to prepare the grounds of appeal. In this

manner, a delay on 3 days has occurred, which delay is not only intentional, but is due

to circumstances as detailed above.

4. That the appellant will suffer an irreparable loss and injury in case the

delay in filing the instant appeal is condoned.

Chandigarh
Dated: 31.05.2019

VERIFICATION:
Verified that the contents of Paras No.1 to 4 of my above affidavit are true
and correct to my information and knowledge. No part of it is false and nothing
has been concealed therein.

Chandigarh
Dated: 31.05.2019