RAM KISHAN Vs. MAHESH KUMAR AND OTHERS

JUDGEMENT

(1.) INSTANT revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 27.08.2012 passed by the learned Additional District Judge, Kurukshetra in execution petition No. 153 of 2011 dated 22.1.2011/24.11.2011 in Civil Suit No. 01 of 1984, under Order 21 Rules 11 and 32 read with Section 151 of the Code of Civil Procedure (in short "the CPC"). Shorn of unnecessary details, the facts relevant for disposal of the present petition are that respondents no. 1 to 3 and their predecessor -in -interest filed civil suit under Section 92 of the CPC for removal of the petitioner -defendant Ram Kishan, Khidmatgujar from the Thakur Dawara in village Niwarsi, Tehsil Ladwa, District Kurukshetra as well as from the agricultural land measuring 137 kanals 15 marlas attached with Thakurdwara where Lord Shiva Temple exists and worshippers and devotees used to offer money and jewellery. The said suit has been decreed by the learned Additional Sessions Judge vide judgment and decree dated 05.08.1987. The appeal preferred by the petitioner -judgment debtor has also been dismissed by this Court on 13.10.2009 and even the Special Leave Petition filed by the petitioner has also met with the same fate on 11.01.2010. It would be appropriate to mention here that during the pendency of Regular First Appeal before this Court, stay was granted vide order dated 11.11.1988, subject to deposit of Rs. 35,000/ - per year in advance as mesne profit and the amount deposited was ordered to be put into fixed deposits for three years which was to be released to the person who would succeed in Regular First Appeal. The petitioner -judgment debtor remained unsuccessful in the litigation upto the Hon'ble Supreme Court of India and thereafter the respondents filed execution petition praying for execution of the judgment and decree dated 05.08.1987. During the pendency of execution, objections were raised by the petitioner to the effect that the execution petition was not maintainable and liable to be dismissed, as the decree holders till that date had failed to formulate any scheme and without formation of a valid scheme/registered trust/registered society, the petitioner -objector could be removed from the post of Khidmatgujar from the Thakurdwara. It is further averred that Shri Thakurdwara is a registered society and the petitioner is Khidmatgujar of Thakurdwara managed by that society. The petitioner is regularly paying the lease money to Thakurdwara Society and he is also doing the services at Thakurdwara being Khidmatgujar. He has been cultivating the land measuring 137 kanals 15 marlas of Thakurdwara Society since the year 1964. It is further averred that the respondents intentionally and malafidely did not file the suit against the Society and has been wrongfully filed under Section 92 of the CPC.

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

(3.) SINCE the constitution of the proposed Society in the name of Thakurdwara Panchayat Khetra, Niwarsi may take time as the process of constitution of Society involves election, so, time is required for preparation of rules and holding of election in a fair manner and for this purpose some impartial agency is required to be appointed as receiver. In view of this, the learned Additional District Judge, Kurukshetra has appointed Naib Tehsildar, Ladwa as receiver and directed him to prepare the list of voters as per clause 4 (a) and to hold the election.