Gobind Karwal and Others vs Chandeshwar Mishra and Others

A.N. Jindal, J.—The petitioners have invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 22.5.2012 (Annexure P/2) passed by the Additional District Judge, Kapurthala. Respondent No. 1/plaintiff is stated to be Pujari of the temple Bhagwan Shankar Mandir, situated at Mohalla Baba Gadhia, Near Water Tanki, Phagwara. He filed the suit for permanent injunction against his dispossession and along with the suit, an application for ad-interim injunction was also filed. The trial court, vide order dated 3.9.2009, observed that the plaintiff had succeeded in proving prima facie case for grant of injunction in his favour, as such, it directed both the parties to maintain status quo regarding actual and factual position of the suit property. The appeal preferred by the petitioners was dismissed.

Since the plaintiff- respondent has established, by prima facie evidence, that he is in possession of the premises in dispute, there is no such evidence with regard to his dispossession, therefore, the injunction appears to have been rightly granted. The Learned Counsel for the petitioner has urged that actually it is the Committee of the temple who was pursuing against the plaintiff-respondent and not the private persons (the present defendants). The court has not granted an injunction against the Committee who can proceed against the plaintiff- respondent to seek any remedy as provided under the law.

No merits. Dismissed.