Revision petition challenging interim orders restraining the Gram Panchayat from taking over a temple. Court held it infructuous as suit likely decided after six years but directed interim stay to continue if suit pending.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
C.R. No. 3235 of 2002 . Date of Decision: 02nd December, 2008 .
Gram Panchayat, Anwali ....Petitioner through None
Versus
State of Haryana & Ors. .Respondents through Mr. R.D.Sharma, Sr. DAG, Haryana.
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL)
This Revision Petition is at the instance of Gram Panchayat, Anwali, Tehsil Gohana, District Sonepat against the order dated 4.5.2002 passed by learned Civil Judge [Senior Division], Gohana whereby an application under Order 39 Rules 1 and 2 read with Section 151 CPC moved by the respondent-plaintiff was allowed and the Gram Panchayat was restrained from taking over the charge of the respondent Society or from interfering in its functioning, as well as against the order dated 7.6.2002 passed by the learned Additional District Judge, Sonepat dismissing the petitioner's appeal against the aforementioned order of the trial Court.
While issuing notice of motion on 18.6.2002, operation of the impugned orders passed by the Courts below was stayed by this Court. However, on 30.7.2002, the afore-stated interim stay was modified to the extent that both the parties were directed to maintain
status-quo regarding possession over the temple in dispute. The trial Court was further directed to make an effort to decide the suit within one year.
More than six years have passed thereafter. By now, there is every likelihood that the suit has been decided on merits thereby rendering this revision petition as infructuous. Ordered accordingly.
However, as an abundant caution, it is directed that in case the civil suit is still pending, interim order dated 30.7.2002 shall continue to operate and both the parties shall maintain status-quo as directed earlier, till the disposal of the suit.
December 02, 2008. ( SURYA KANT ) dinesh JUDGE
Gram Panchayat, Anwali
State of Haryana and Ors.
Surya Kant
As recorded by the court registry
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