GURUDWARA GURDARSHAN PARKASH Vs. RASHPAL SINGH

JUDGEMENT

(1.) Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dtd. 18/2/2020 (Annexure P-13), passed by learned Civil Judge (Junior Division), Hoshiarpur, vide which application filed by the petitioners under Order 39 Rules 1 and 2, read with Sec. 151 CPC (Annexure P-11), has been dismissed. Further challenge is to order dtd. 22/9/2023 (Annexure P-15), passed by learned Additional District Judge, Hoshiarpur, whereby appeal filed against the aforesaid order Annexure P-13 has also been rejected and Receiver-cum-Administrator has been appointed to manage the affairs of Dera/suit property.

(2.) Brief facts, as culled out from the paper-book, are that the plaintiffs/petitioners (hereinafter referred to as - the plaintiffs) filed suit (Annexure P-10) for grant of permanent injunction restraining the defendants/respondents from interfering in any manner in the property, as shown in the site plan attached and mentioned in the heading of the plaint and situated at Dera Baba Jawahar Dass Ji (for brevity - Dera), Village Soos, District Hoshiarpur, which is the ownership of Astham Dera Baba Jawahar Dass Ji and is being managed by Dera's Charitable Trust, as shown in the site plan attached and mentioned in the heading of the plaint.

(3.) The case of the plaintiffs is that Dera is a Charitable Trust, duly registered with the Sub-Registrar, Hoshiarpur and the said Trust manages the property of Dera at Village Soos. The said Dera is well known among the Sikh followers. After death of last caretaker of this religious institution, the up-keep of this institution was being done by the Gram Panchayat, Soos. As per intentions of the villagers of Village Soos and Gram Panchayat, they decided to hand over services/sewa of the Dera to Damdami Taksal, Jatha Bhindran, situated at Village Mehta, District Amritsar. In the meeting of Gram Panchayat, Soos under the chairmanship of Sarpanch Hardeep Kaur, which was attended by all the five Panches, it was unanimously decided by passing a resolution/Panchayatnama that the Gram Panchayat, Soos was earlier managing and taking care of Dera but now, since it is not capable to handle this responsibility, it has been decided to hand over the management and service of Dera to Sant Baba Harnam Singh Bhindrawale and accordingly, management was handed over to Damdami Taksal in very peaceful manner.