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2004 DIGILAW 338 (PNJ)

Gram Panchayat, Vill. Kot Badal Khan v. Ram Dass

2004-03-19

SURYA KANT

body2004
ORDER Surya Kant, J. - This civil revision has been filed by the Gram Panchayat of Village Kot Badal Khan, Tehsil Phillaur, District Jalandhar, against the judgment/order dated 15.2.2003 passed by the learned Additional District Judge, Jalandhar whereby he accepted the appeal filed by the respondents (defendants in the civil suit) and set aside the order dated October 1, 2001 passed by the Civil Judge (Junior Division), Phillaur, whereby application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was disposed of with a direction to the parties to maintain status quo with regard to change of character of the land in dispute. 2. During the course of hearing, Shri R.C. Dogra, learned Senior Counsel appearing for the respondents stated that the respondents undertake not to raise any new construction or dig earth or sell/dispose of the land in question under their possession in any manner, subject to the condition that they be permitted to put in repair/plaster of the temple and tubewell which are already existing on the plot. In support of his statement, Shri Dogra has placed on record an affidavit dated 19.3.2004 of respondent No. 2-Sukhdev Kumar Mahant son of Ram Dass Mahant, which is taken on record. 3. Shri C.L. Sharma, learned counsel appearing for the petitioner-Gram Panchayat has agreed to the aforementioned statement made on behalf of the respondents and states at the Bar that the petitioner-Gram Panchayat is satisfied if the respondents do not undertake any activity like raising new construction, digging of earth or disposal of the property in any manner except to carry out repairs/plastering of the temple and tubewell which are existing on the plot in dispute. 4. In view of the agreed stand of the parties, referred to above, this civil revision is disposed of with a direction that the respondents may carry out repairs including plastering of the temple and tubewell already existing over the plot in dispute, but they shall not raise any new construction or dig the earth or dispose of the property in question in any manner whatsoever. No costs. Order accordingly.