MANDIR RADHA KRISHEN Vs. TIRATH RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order of reversal passed by the Additional District Judge, Jammu, in a Miscellaneous Appeal filed against an order of the learned Munsiff R.S. Pura, who by his order dated 12.111992 passed the following order:

(2.) SUCH an order has arisen out of a suit for permanent prohibitory injunction filed by the Plaintiffs/petitioner against the Defendants/respondents for restraining them from raising any type of construction on the land of the temple Radha Krishen under Khasra No. 386 measuring 10 kanals 16 marlas situated in village Chakmulo R.S. Pora. As this order was passed under Order 39 Rule 1 -2 C.P.C. therefore, the learned Additional District Judge, Jammu, on an appeal before him set aside the order of status quo, so passed by the trial court and sent the file back to the trial court for its disposal in accordance with law.

(3.) THE main grievance of the petitioners in this revision petition is that although the defendants appeared before the trial court and filed their objections, but the Appellate Court without discussing the merits of the stay application set aside the order of status quo passed by the trial court knowing that the Pujari had no right to construct his own house in the premises of the temple and in consequence thereof, the defendants completed the construction upon the land. The appellate court has illegally dealt with the matter and he should have remanded the case to the trial court for fresh disposal only.