PREM KUMAR GHAL Vs. BIR BHAN GARG

JUDGEMENT

(1.) This civil revision is directed against the judgment passed on 4-9-2004 (Annexure P-2) by the Additional District Judge, Faridkot reversing the order dated 19-11 -2003 of the Additional Civil Judge (Sr. Division), Faridkot (Annexure P-1).

(2.) The facts of this case which are really relevant to be taken note of are that the respondent herein filed a suit at Faridkot against the petitioners wherein he prayed inter alia, for grant of permanent injunction against the petitioners from constructing a marriage palace. Let it be recorded that the plot on which the marriage palace was proposed to be constructed belongs to the petitioners herein.

(3.) From the pleadings, it appears that the respondent had a grievance to the effect that the petitioners were constructing the said marriage palace in gross violations of the guidelines and instructions issued by the Government of Punjab and the Chief Town Planner. Other issues were also raised to the effect that the frontage of the site should not be less than 20 metres and that there was neither a parking place nor a certificate from the Punjab State Electricity Board. Other grievances were to the effect that the marriage palace could only have been situated at least 500 yards away from the Schools, Colleges and Hospitals so as not to disturb the peace and tranquillity of those areas and especially of the private nursing home belonging to the petitioner known as the "Garg Nursing Home".