IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.R No. 4431 of 2009 (O&M) Date of decision : November 13, 2009

Mrs. Amarjit Kaur,

...... Appellant (s)

v.

Jagjit Kaur,

...... Respondent(s)

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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI

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Present : Mr. Anuj Raura, Advocate for the petitioner.

Mr. A.S.Jattana, Advocate for the respondent. ***

1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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• 2. To be referred to the Reporters or not ?
• 3. Whether the judgment should be reported in the Digest ?

AJAY TEWARI, J (Oral)

Having heard not only the learned counsel but also the parties at length, in my opinion it would be in the interest of justice if the petitioner is permitted to retain one room on the ground floor (behind the stairs). Additionally, the respondent would be entitled to block the access of the said one room either towards the rear portion of the house or towards the remaining two rooms. The petitioner undertakes not to interfere or cause any obstruction in the enjoyment of the respondent over the remaining portion of the ground floor. The petitioner, of-course, would be entitled to

C.R No. 4431 of 2009 (O&M) ::2::

use the top floor of the house in dispute as has already been decided between the parties. The respondent is restrained from interfering in the enjoyment of the petitioner over the portion in her possession on the top floor.

Counsel for the respondent has brought to the notice of this Court that there is one cross civil suit between the parties titled as `Amarjit Kaur and others vs Smt. Jagjit Kaur and another' which is stated to be pending for 28.11.2009.

Let the instant suit, as also the aforesaid civil suit be tried together.

With these observations, the present petition stands disposed of.

Nothing, stated herein, shall be construed to be an expression of opinion on the merits of the controversy.

As the main petition has since been disposed of, all the pending civil miscellaneous applications, if any, also stand disposed of.

November 13, 2009. JUDGE `kk'

( AJAY TEWARI )