SOHNA Vs. GRAM PANCHAYAT, VILLAGE MEHBOOBPURA

JUDGEMENT

(1.) The petitioner, who is one of the plaintiffs, has filed the present revision under Article 227 of the Constitution of India for challenging the orders passed by the Courts below whereby the application filed by him and his co-plaintiffs under Order XXXIX Rules 1 and 2 C.P.C., stands dismissed.

(2.) Counsel for the petitioner has submitted that the suit land is gain mumkin pahi though owned by defendant-Gram Panchayat. However, the plaintiffs and others are in possession of the suit land and using it as a thoroughfare but defendant-Gram Panchayat and its present Sarpanch are bent upon to block the use of the suit land as a passage and instead, to raise construction over the same.

(3.) Both the Courts below did not find any prima facie merit in the plea taken by the petitioner and his co-plaintiffs and dismissed their application for ad interim injunction. However, the lower appellate Court also recorded the detailed statement of Ishaq Mohammad, who is presently the Sarpanch of the Gram Panchayat, and on its basis has observed that the Gram Panchayat would provide the necessary passage at the spot adjoining khasra No. 199. It would be appropriate to reproduce the statement made by Ishaq Mohammad before the lower appellate Court, as follows :-