JASWANT SINGH Vs. MUNICIPAL COMMITTEE, PALWAL AND OTHERS

JUDGEMENT

(1.) Jaswant Singh-petitioner/plaintiff has filed this civil revision petition against Municipal Committee, Palwal etc.-respondents/defendants under Article 227 of the Constitution of India for setting aside the impugned order dated 12.3.2014 (Annexure-P.1) passed by the learned Civil Judge (Junior Division), Palwal and that of the order dated 23.7.2014 passed by the learned Additional District Judge, Palwal, vide which the application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. has been wrongly dismissed.

(2.) I have heard learned counsel for the petitioner and have gone through the record.

(3.) From the record, I find that Jaswant Singh-plaintiff/petitioner has filed a suit against the defendants/respondents for permanent injunction by stating that the plaintiff and other cohabitants of Municipal Committee, Palwal are owners in possession of land 'Abadi Deh' and the defendants/ respondents are interfering into the peaceful and lawful possession of the plaintiff over the suit property. It is also case of the plaintiff that he and other prominent persons of the Saini Community have constructed a Hanuman Temple (Saini community) many years ago for the welfare of the Saini community situated at Jaindipura, Ward No.25, Palwal, which belongs to Hanuman Mandir (Saini Samaj). The total plot area of the land in question is 3843 square yards and out of which the existing covered area of Hanuman Mandir is 3118 square feet and the remaining portion of the plot area is lying vacant. The defendants in collusion with each other are bent upon to encroach the remaining portion/land which is lying vacant at the spot with the help of unsocial elements in which they have no right, title or interest to do so.