GRAM PANCHAYAT Vs. INDER SINGH

JUDGEMENT

(1.) Respondents 1 and 2 filed a suit for permanent injunction and also moved an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure. The application for interim relief was dismissed by the trial court. However, the same was allowed by the appellate court. Revision there against was disposed of by this Court by observing as under :-

(2.) The matter was thereafter taken up by the trial court for disposal when the defendants moved an application for treating issue No. 2 regarding jurisdiction of the civil court as preliminary issue. This application was allowed by the trial Court by order dated 29.8.1990 and thereafter recorded a finding on the said issue. Learned trial Judge came to the conclusion that the civil court had no jurisdiction to try the suit. Consequently, the trial court dismissed the suit. The plaintiffs took up the matter in appeal and the learned Additional District Judge by his order dated 7.4.1993 allowed the appeal, set aside the judgment and decree of the trial court and remanded the case to the trial court to proceed with the trial of the suit and decide all the issues on merit. It is against this order of the learned Additional District Judge, defendant - Gram Panchayat has filed the present appeal.

(3.) On notice of motion having been issued, plaintiff-respondents have put in appearance through Shri M.L. Saggar, Advocate.