SHIMBHU DAYAL Vs. GRAM PANCHAYAT, HALUHERA AND OTHERS

JUDGEMENT

(1.) Instant civil revision petition has been filed under Art. 227 of the Constitution of India for setting aside the order dated 15.05.2013 (Annexure P-2) passed by learned Additional District Judge, Rewari whereby the order dated 28.09.2011 passed by learned Civil Judge CR No.3719 of 2013 2 (Jr.Divn.), Rewari, allowing the application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure (in short "the CPC"), has been set aside.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed suit for permanent injunction against respondents-defendants on the ground that land comprised in khasra no.54/5 measuring 273 kanals 17 marlas is a gair mumkin pond and charagah/gau charand. Along with the suit, application for interim injunction under Order 39 Rules 1 and 2 read with Sec. 151 Code of Civil Procedure was also filed restraining the Gram Panchayat not to change the nature of suit land during the pendency of the suit, as it was being used for common purposes i.e. pond and charagah. The pond was being used as a source of drinking water for animals and charagah for their grazing. Vide order dated 28.09.2011, the said application was allowed by learned Civil Judge (Jr. Divn.), Rewari and the respondents were restrained from making any allotment or changing the use of land except in accordance with the procedure established by law. Thereafter, the respondents preferred appeal before learned Additional District Judge, Rewari which has been allowed vide impugned order dated 15.05.2013 and the order dated 28.09.2011 passed by learned Civil Judge (Jr. Divn.), Rewari has been set aside. Hence, this revision petition.

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