SURESH KUMARI SHARMA Vs. NARDEV LAL

JUDGEMENT

(1.) In the instant petition, Supervisory Jurisdiction of this Court enshrined in Article 227 of the Constitution of India is being invoked by the petitioners herein, who claim to have filed a suit in representative capacity for mandatory and permanent prohibitory injunction against the defendants/respondents herein before the Court of Additional Special Mobile Magistrate, R. S. Pura (for short "the Trial Court") contending therein that a piece of land measuring 10 marlas covered under Khasra No. 188 min belonging to Laxmi Narayan Mandir (for short "the Mandir") situated at Village Brij Nagar, Panchayat Kharian has been allegedly encroached upon by the defendants/respondents 1 to 4 herein by illegally constructing a gate on the north-east corner of the suit land with the aid and assistance of the defendant 5/respondent 5 herein, who have had been engaged by the management of the Mandir for the construction of a community hall on the suit land.

(2.) In the application for interim relief filed alongside the said suit before the Trial Court, the Trial Court dispose of the same on 16/6/2023 modifying the initial interim direction dtd. 7/10/2020, directed the parties to maintain status-quo with respect to the possession of the suit land as it exists at the time of filing of the suit, with a further direction that the suit land shall not be used for parking of any vehicles by the parties or otherwise till the final disposal of the suit.

(3.) Upon an application filed by the plaintiffs/petitioners herein before the Trial Court for seeking clarification and implementation of order dtd. 16/6/2023, passed the order on 5/10/2023 (for short "the impugned order"), whereby the Trial Court while interrupting the order of status-quo clarified that the suit land shall remain in the same condition was it was on the day of filing of the suit and nobody shall use the suit land and directed the SHO Police Station, Miran Sahib to implement the initial order dtd. 16/6/2023, which is further clarified vide order dtd. 5/10/2023 in letter and spirit.