KRISHNA KUMAR SHARMA Vs. RAJENDRA SETHI AND ORS.

JUDGEMENT

(1.) This revision, preferred under section 115 of Code of Civil Procedure, 1908, is directed against the order dated 25.07.2011 passed by District Judge, Hardwar, in Misc. Case No. 17 of 2003 whereby said court has allowed the application under section 92 of the Code.

(2.) Heard learned counsel for the parties, and perused the papers on record.

(3.) Brief facts of the case are that present revisionist Krishna Kumar Sharma is caretaker/manager of DHARMSHALA Ahata Jindaal, situated in Hardwar. In the earlier round of litigation he filed Suit No. 262 of 2001 (old no. 211 of 1997) for perpetual injunction against the present respondent Nos. 10 Tirth Ram Sahani, respondent No.11 Adarsh Kumar Bhasin and four others restraining them from interfering in the peaceful possession of the plaintiff, and his right to manage the property in suit. A counter claim was filed by the defendants (of said case) in said suit restraining the present revisionist from interfering in the management and running the property in suit, which is a DHARMSHALA of charitable in nature. In said suit vide judgment and decree dated 29.05.2004, the counter claim was dismissed, and perpetual injunction was granted in favour of the revisionist directing the defendants of said case not to interfere in his possession, and management of the property. It appears that defendants of said case filed First Appeal No. 50 of 2004 before this court in which cross objections were filed by the revisionist, as he was not found owner, by the trial court, of the property in suit. The First Appeal as well as the cross objections were dismissed by this court vide its judgment and decree dated 22.08.2007.