GRAM PANCHAYAT VILLAGE PALUWAS Vs. MAHARANAPARTAPCHARITABLE TRUST BHIWANI

JUDGEMENT

(1.) The present revision petition has been filed under 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure (hereinafter to be referred as 'the Code') for setting aside order dated 8th August, 2006, Annexure P1, passed by learned Additional Civil Judge, Senior Division, Bhiwani,--vide which application for ad interim injunction order under Order 39 Rules 1 and 2 of the Code filed by respondents-plaintiffs was partly allowed and the application filed by present petitioner was dismissed as well as for setting aside order dated 6th August, 2009, Annexure P2,--vide which learned Additional District Judge, Bhiwani, allowed the appeal filed by respondents-plaintiffs and dismissed the appeal filed by the petitioner.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned orders passed by learned Courts below.

(3.) Brief facts relevant for the decision of present revision petition are that a suit for mandatory injunction was tiled by respondents-plaintiffs directing petitioner-defendant no. 1 to execute and get registered gift deed in favour of plaintiff no. 1 -Trust regarding the land, duly described in the heading of the plaint, total measuring 237 kanals 02 marlas, according to jamabandi for the years 2000-01, situated at village Paluwas, Tehsil and District Bhiwani and further relief for declaration to the effect that resolution No. 1 dated 6th May, 2006 passed by petitioner-defendant no. 1 is illegal, null and void, without jurisdiction and contrary to resolution no. 1 dated 8th August, 2001 passed earlier, and further relief of permanent injunction restraining present petitioner-defendant no. 1 to act upon this resolution and restraining them to reverse and set aside mutation No. 9387 dated 20th December, 2001 regarding gift in favour of respondents-plaintiffs. Trust, has been sought.