GOPAL KRISHAN Vs. SNATAN DHARAM SABHA

JUDGEMENT

(1.) This Cr.M.P.(M) under Sec. 482 of the Code of Criminal Procedure is directed against the order of the learned Sessions Judge, Kangra at Dharamshala in Criminal Revision No. 8/92 decided on 18.7.1992. By the impugned order, the learned Court below dismissed the revision petition filed by the present Petitioner. The said revision petition was filed against the order passed by the learned Sub Divisional Magistrate, Palampur in case No. 82/IV/92. The learned Sub Divisional Magistrate by invoking the provisions of Ss. 145 and 146 of the Code of Criminal Procedure and after spot verification issued the 'warrant under Sec. 146 Code of Criminal Procedure ' and appointed the Tehsildar as Receiver of the disputed property, which is a temple known as Shri Radha Krishan Temple situated at Palampur.

(2.) In the counter -affidavit filed, it is stated that the present petition is not maintainable as the earlier revision petition filed by the present Petitioner was dismissed. It was also stated, inter alia, that the order passed by the learned Sub Divisional Magistrate 1st in conformity with law. It is not disputed that a Civil Suit in respect of the same property has been filed before the learned Sub Judge 1st Class (I) Palampur being Civil Suit No. 204/91 by some persons and that ad interim injunction under Order 39 Rule 1 of the Code of Civil Procedure has been issued. Notice to the present Petitioner regarding injunction is available at Annexure P -1. By the said ex -parte temporary injunction, the present Petitioner was restrained from realising the rent, making any additions or alterations in the temple and other building, renting out any premises or collecting the contribution to temple in any manner whatsoever. The said Civil Suit is still pending.

(3.) At the time of hearing, it was also stated at the Bar that another Civil Suit under Sec. 92 of the Code of Civil Procedure is also pending before this Court registered as Civil Suit No. 167 of 1992. In the said Civil Suit on an application filed and registered as OMP No. 609 of 1992, the Court by order dated 10.12.1992 issued notice and in the interim, directed that the Management of the temple in dispute be continued as per orders dated 12.3.1990 passed by the learned Sub Divisional Magistrate, Palampur in the proceedings under Sec. 145 of Code of Criminal Procedure.