Disposed

Gurnam Dass & Anr. v. Sat Parkash Saran & Ors.

Punjab & Haryana HC17 Mar 2009CR/1422/2009

Case brief

AI extract

What is this about?

Petition for civil revision challenging an order directing delivery of possession. Court disposed of the petition by ordering joint possession through a subordinate magistrate to facilitate religious activities and langar for both parties pending the trial court's decision.

What did the court decide?

Court directed joint possession via Sub Divisional Magistrate with caretaker appointed by him, allowing petitioners access during specified morning/evening hours and respondents on Sundays, valid unti

Gurnam Dass & Anr. Vs Sat Parkash Saran & Ors. — Partition | Punjab & Haryana HC (2009)

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C.R. No. 1422 of 2009 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 1422 of 2009 (O&M) Date of decision: March 17, 2009

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Gurnam Dass and another

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.. Petitioners

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Sat Parkash Saran and others

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.. Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

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Present: Mr. Rahul Sharma, Advocate for the petitioners.

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Mr. Anil Kshetarpal, Advocate for the respondents.

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Rajesh Bindal J.

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Challenge in the present petition is to the order dated 11.2.2009, passed by the learned court below, whereby the petitioners have been directed to deliver the possession of the suit property to the respondents within one month from the date of passing of the order.

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The dispute in the present case is pertaining to the property, on which both the parties are claiming ownership/possession being followers of Radha Swami Satsang. The respondents, in whose favour the impugned order was passed, have also filed caveat.

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Both the counsels, who were present in court, were heard.

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Without going into the merits of the controversy involved, it was agreed upon between the parties that since the property in dispute is being used for the purpose of holding religious discourse and/or langar, the status thereof may be kept intact to avoid any untoward incident or dispute between the parties. The charge of the property be given to Sub Divisional Magistrate, Yamuna Nagar, who shall appoint a Chowkidar for opening and locking the premises after the religious discourse is complete. The petitioners submitted that they need the premises for religious discourse from 5.30 A.M. to 7.30 A.M. and 6.00 P.M. to 7.30 P.M. daily, whereas the respondents stated that they need the premises on Sunday from 9.00 A.M. onwards.

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In addition to this, it was also stated by learned counsels for the parties that the premises is required by them for langar. For that purpose, learned

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C.R. No. 1422 of 2009 [2]

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counsel for the petitioners submitted that they will intimate the date and time on which langar Sewa is to be performed to respondent No. 1, and in case the same is not clashing with their langar programme, the premises be given to them for the purpose, otherwise they will make suitable amendment in their schedule.

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The salary of Chowkidar to be appointed by the Sub Divisional Magistrate shall be paid by the petitioners.

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The aforesaid arrangement shall continue till the decision of the suit by the learned trial court. Thereafter, the parties shall abide by the judgment. The revision petition is disposed of in the manner indicated above.

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(Rajesh Bindal) Judge

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17.3.2009 mk

Gurnam Dass & Anr. v. Sat Parkash Saran & Ors.

Case brief

What is this about?

What did the court decide?

Gurnam Dass & Anr. v. Sat Parkash Saran & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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