PRAKASH Vs. SHYAM SUNDER JAIN

JUDGEMENT

(1.) The petitioner is aggrieved by refusal of prayer to reject the plaint under Order 7 Rule 11 CPC by order dtd. 9/11/2023 passed in Civil Original Suit No.11/2023.

(2.) Respondent Nos.1 and 2 brought the aforesaid Civil Suit stating therein that the suit properties were public properties containing temples, wells, dharamshalas etc. The plaintiffs were social activist, as such, they had interest in protection of the public property, therefore, they sought relief from the court that defendant Nos.1 and 2 i.e. Collector and his subordinate officers posted at Churu be directed to ensure that the public properties are not damaged by anyone and the heritage constructions be preserved for the use of common people. The plaintiff further sought issuance of permanent injunction against respondent No.3 to 97 restraining them from making encroachment or damage to the suit properties.

(3.) The petitioner was defendant No.53. The petitioner appeared in the suit and took plea that the suit properties are of petitioner and his family members. They have personal interest in the suit properties, as such, they have full right to use the said properties.