High Court of Punjab and Haryana, Chandigarh
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Gram Panchayat Vill.Rasulpur v. Didar Singh - CR-237-2006  RD-P&H 5020 (31 July 2006)
IN THE HIGH COURT OF PUNJAB AND HARYRNA AT
C.R. No.237 of 2006
Date of Decision:- 10.08.2006.
Gram Panchayat Vill.Rasulpur ....Petitioner through
Didar Singh ....Respondent
CORAM:-HON'BLE MR.JUSTICE SURYA KANT
SURYA KANT, J.
This revision petition has been preferred by the Gram Panchayat of Village Rasulpur, challenging the orders passed by the Courts below whereby upon an application under Order 39 Rules 1 and 2 CPC filed by the respondent-plaintiff, a direction to maintain status-quo has been issued.
The dispute pertains to the property which at one point of time was a "well" used for fetching drinking water by the inhabitants. Even if it is proved that the suit property is 'Shamlat' property and is vested in the Gram Panchayat, it is a debatable issue as to why not the inhabitants of village Rasulpur can still use the same for common purposes? In this view of the matter, the respondent-plaintiff has been C.R. No.237 of 2006 2
able to make out a prima facie case in his favour.
As it appears from the impugned order, the subject property has been used for 'common purposes' for a sufficient long period, therefore, apprehension of irreparable loss and injury also tilts in favour of the respondent-plaintiff. Similar would be the position of balance of convenience.
In this view of the matter, even if this Court forms a second opinion, it cannot be substituted in place of the one formed by the Courts below. Consequently, I do not find any merit in this revision petition which is accordingly dismissed.
August 10, 2006 ( SURYA KANT )
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