Satnam Singh vs Kulwant Singh and Others

Paramjeet Singh, J.—Instant revision has been filed under Article 227 of the Constitution of India for quashing of order dated 19.04.2012 (Annexure P-4) passed by learned Additional District Judge, Kapurthala whereby order dated 19.04.2012 passed by the learned Additional Civil Judge (Sr. Divn.), Kapurthala has been set aside. Brief facts for disposal of the present petition are that respondents no. 1 and 2-plaintiffs filed civil suit against the petitioner-defendant no. 4 and others. In the said civil suit, respondents no. 1 and 2 moved application under Order 39 Rules 1 and 2 of the CPC which was initially dismissed by the learned Additional Civil Judge (Sr. Divn.), Kapurthala vide 27.11.2010 (Annexure P-3). Feeling aggrieved with the order dated 27.11.2010 (Annexure P-3), respondents no. 1 and 2 preferred an appeal wherein learned Additional District Judge, Kapurthala has passed the impugned order and a relevant portion of the impugned order is being re-produced as under:

In view of my above discussion, the order dated 27.11.2010 passed by learned lower court is hereby set aside. The stay application stands allowed and the appeal filed by the appellants stands allowed. The respondents/defendants are restrained from dispossessing the appellants/plaintiffs illegally and forcibly except in due course of law. The appeal file be consigned to the record-room. Lower court record be returned forthwith alongwith copy of the judgment.

Hence, this revision.

I have heard learned counsel for the parties and perused the record.

The only argument raised by the learned counsel for the petitioner is that the petitioner is the person to whom the lease has been granted by the Gram Panchayat for the year 2010-11. It is admitted case of the parties that respondents no. 1 and 2-plaintiffs are in possession of the land since 1989 and even revenue records support this fact. The only prayer of respondents no. 1 and 2 was that they should not be evicted forcibly and illegally from the suit land by the petitioner and others. No relief has been claimed against Gram Panchayat, Litta.

In view of this, I do not find any ground to interfere with the impugned order dated 19.04.2012 (Annexure P-4).

Dismissed.

However, keeping in view the circumstances of case, trial Court is directed to conclude the trial within four months from the receipt of copy of this order. Gram Panchayat, Litta will be at liberty to proceed against respondents no. 1 and 2 in accordance with law.