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2006 DIGILAW 887 (PNJ)

Harbans Singh v. Sant Hari

2006-03-02

VINEY MITTAL

body2006
Judgment 1. Sant Hari Singh, respondent No.1 in the present appeal filed a suit for permanent injunction. Another suit was filed by the managing Committee, Gurudwara Sant Bala Sahib alongwith others against Hari Singh. The aforesaid suit was filed for a declaration. The declaration sought was that the aforesaid Managing Committee was in the management and control of Gurudwara and, therefore, hari Singh had no connection with the same and could not interfere in the management of Gurudwara. Similarly, in the suit for permanent injunction filed by Sant Hari Singh, he claimed that he was in possession of the suit property and that Harbans Singh etc. who were claiming to be the management body of the Gurudwara had no concern. Both the suit were clubbed together by the learned trial court. 2. After appreciation of the entire evidence on record, the learned trial Court decreed the suit filed by Sant Hari Singh and consequently, Harbans Singh and others, defendants were restrained from interfering in the peaceful possession, management and control of the plaintiff over the suit land and Gurudwara Sahib. The other suit filed by the Managing Committee, Gurudwara was dismissed. 3. Two appeals being Civil Appeal No.59 of July 24, 2000 and Civil Appeal No.62 of July 24, 2000 were filed. One appeal was filed by Harbans Singh and others claiming that they duly constituted a managing committee and were in control and management of gurudwara and its property. The other appeal was filed by the managing committee. This appeal was also filed by the managing committee comprising of the aforesaid persons. 4. The aforesaid two appeals were dismissed by the learned first Appellate Court. 5. The present appellants, who were defendants in the suit, filed by Sant Hari Singh have chosen to file the present appeal. No appeal has been filed in the connected suit. In these circumstances, it has to be taken that the findings recorded by the learned trial Court as well First Appellate Court in the suit filed by the Managing committee and others have attained finality and Hari Singh has been held to be in possession, control and management of the Gurudwara and its property. Since the findings recorded in other suit have attained finality, therefore, the appellants in the present appeal cannot be heard to claim that the judgments and decree of the Courts below are erroneous in any manner. 6. Since the findings recorded in other suit have attained finality, therefore, the appellants in the present appeal cannot be heard to claim that the judgments and decree of the Courts below are erroneous in any manner. 6. Accepting the aforesaid contention of the appellants would result in passing of the contradictory orders/decrees. The present appeal is liable to be dismissed on this short ground alone and is accordingly so dismissed.