BAL KISHAN Vs. MANOJ KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 04.09.2012 passed by the Additional Civil Judge (Junior Division) No. 3, Bikaner ('the trial court'), whereby, the application filed by the petitioners under Order VII, Rule 11(a) and (d) CPC has been dismissed. The facts in brief may be noticed thus: the respondent -plaintiffs filed a suit seeking declaration and injunction regarding land said to be comprised in Khasra No. 1135, which according to the plaintiffs was being used by them for the purpose of cremation and there were also temple & samadhies on the said land.

(2.) BASED on the averments contained in the plaint, it was submitted that the said land was sought to be trespassed by the petitioners and, therefore, they be restrained from occupying the said land and from stopping the plaintiffs form using the land as cremation place and not to demolish the temple etc.

(3.) THE trial court after hearing the parties, found that the cause of action was disclosed in the plaint and came to the conclusion that as the declaration was being sought regarding cremation ground and temple only Civil Court has the jurisdiction and, consequently, rejected the application.