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2003 DIGILAW 1610 (PNJ)

Mahant Santa Singh v. Committee Management for Gurdwara Padshahi Daswin, Kotkapura

2003-12-02

VINEY MITTAL

body2003
JUDGMENT Viney Mittal, J. - The present revision petition has been filed by the judgment debtor whose objection petition has been dismissed by the learned executing Court vide order dated September 5, 2002. 2. A suit was filed by the local Managing Committee of the Gurdwara Padshahi Deswin, Kotkapura. The said suit was decreed vide judgment and decree dated August 30, 1967. The said decree was also upheld in appeal. During the course of the proceedings, the aforesaid local Managing Committee of the Gurdwara was taken over by the Shiromani Gurdwara Prabandhak Committee (for short the "SGPC"), Amritsar under the provisions of the Sikh Gurdwara Act, 1925. Subsequently, an execution petition came to be filed by the SGPC for the execution of the decree. An objection was raised by the judgment debtor that the aforesaid execution petition filed by the SGPC was not maintainable because the SGPC had no locus standi in the matter. The aforesaid objection petition had been dismissed by the learned Additional District Judge, Faridkot vide the impugned order. It has been held that since the affairs and the management of the aforesaid Gurdwara has vested in the SGPC under the Act, therefore, the SGPC was fully competent and had a locus standi to file the present petition. 3. I have heard the learned counsel for the parties at some length. 4. Shri Sukhbir Singh, the learned counsel appearing for the respondent-decree holders has relied upon a Division Bench judgment of this Court in RFA No. 65 of 1972 decided on July 5, 1976 titled Harcharan Dass v. Shiromani Gurdwara Parbandhak Committee and on the basis of the aforesaid judgment he contended that the management of every notified Sikh Gurdwara was vested in the SGPC and since the Gurdwara in question had been notified as a notified Gurdwara under the Act, therefore, SGPC was the successor of the local Management Committee and as such the execution petition filed by the SGPC was fully maintainable. 5. I have considered the arguments raised by the learned counsel for the parties and in my considered view, there is no scope for interference in the present petition. The judgment of this Court in Harcharan Dasss case (supra) fully supports the view taken by the learned trial court as well. In view of the aforesaid discussion, there is no merit in the present petition and the same is hereby dismissed. Petition dismissed.