LAWS(P&H)-2012-7-8

GURUDWARA SAHIB SIDHSAR Vs. SHROMANI GURUDWARA PARBANDHAK COMMITTEE

Decided On July 02, 2012
GURUDWARA SAHIB SIDHSAR Appellant
V/S
SHROMANI GURUDWARA PARBANDHAK COMMITTEE Respondents

JUDGEMENT

(1.) PLAINTIFFS have filed this revision petition under Article 227 of the Constitution of India challenging order dated 05.08.2011 Annexure P-4 passed by learned Civil Judge (Junior Division), Ludhiana thereby allowing application of Shromani Gurudwara Parbandhak Committee (SGPC)/ respondent No.1 herein for being impleaded as party to the suit which has been instituted by the petitioners against respondents No.2 to 11 as defendants for permanent injunction. Plaintiff-petitioner No.1 is Shri Gurudwara Sahib Sidhsar through its Mohitmim Ikam Singh whereas plaintiff-petitioner No.2 is Ikam Singh himself.

(2.) PLAINTIFFS have sought permanent injunction restraining the defendants from interfering in possession of the plaintiffs over the suit property i.e. Shri Gurdwara Sahib Sidhsar as detailed in the headnote of the plaint.

(3.) THE application was resisted by the plaintiffs by filing reply Annexure P-3 controverting the averments made by respondent No.1 in its application. It was also pleaded that respondent No.1 had earlier filed suit against Randhir Singh etc. which was decreed vide judgment dated 31.03.1975 Annexure P-5 but the decree was never executed. Respondent No.1 again filed a suit under Sections 5 and 6 of the Specific Relief Act against Ikam Singh present plaintiff No.2 and others and the said suit stands dismissed in default vide order dated 05.01.2011 Annexure P-6. Respondent No.1 has filed this application in connivance with defendants. Various other pleas were also raised.