CHRIST CHURCH Vs. MUNICIPAL CORPORATION SHIMLA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 19.5.2010 passed by the learned Additional District Judge, Shimla whereby he dismissed the appeal filed by the petitioners and upheld the order of the Civil Judge (Sr.Division), Court No.1, Shimla refusing to grant interim relief in favour of the petitioners.

(2.) Petitioner No.1 is the Christ Church at the Ridge, Shimla. Outside the Church, there is some open space. The case of the petitioners was that to raise funds for the maintenance of the Church, it had been organizing certain exhibitions-cum-sales from time to time and some amount was charged from the parties who were given temporary stalls to display and sell their products. The Municipal Corporation, Shimla objected to setting up of such stalls and also took an objection that no market could be set up without its permission.

(3.) By means of this suit, the petitioners challenged the action of the Municipal Corporation, Shimla and also filed an application under Order 39 Rules 1 and 2, CPC wherein the petitioners prayed that the respondent be restrained from preventing the petitioners from holding such exhibitions-cum-sales. This application was rejected by the learned Trial Court and the order of the Learned Trial Court has been upheld by the learned District Judge, Shimla.