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2013 DIGILAW 385 (PNJ)

Sohna v. Gram Panchayat, Village Mehboobpura

2013-03-22

T.P.S.MANN

body2013
JUDGMENT T.P.S. MANN, J. The petitioner, who is one of the plaintiffs, has filed the present revision under Article 227 of the Constitution of India for challenging the orders passed by the Courts below whereby the application filed by him and his co-plaintiffs under Order XXXIX Rules 1 and 2 CPC, stands dismissed. Counsel for the petitioner has submitted that the suit land is gain Mumkinpahi though owned by defendant Gram Panchayat. However, the plaintiffs and others are in possession of the suit land and using it as a thoroughfare but defendant Gram Panchayat and its present Sarpanch are bent upon to block the use of the suit land as a passage and instead, to raise construction over the same. Both the Courts below did not find any primafacie merit in the plea taken by the petitioner and his co-plaintiffs and dismissed their application for adinterim injunction. However, the lower appellate Court also recorded the detailed statement of Ishaq Mohammad, who is presently the Sarpanch of the Gram Panchayat and on its basis has observed that the Gram Panchayat would provide the necessary passage at the spot adjoining khasra No. 199. It would be appropriate to reproduce the statement made by Ishaq Mohammad before the lower appellate Court, as follows:- "Stated that we are ready to leave two gattas of passage which is equal to two karams. The size of the karam would be as prevalent in our area. This passage would be given from khasra No. 200 so as to approach khasra No. 199. It is submitted that qua khasra No. 0.200 the land would be completed because apart from the land which falls in khasra No. 200 as per the record, there is more land available at the spot from which the passage as above stated would be provided to the appellant for approaching khasra No. 199 and in case said two karams passage would not be available from the extra land as stated above, then the same would be provided from khasra No. 200." Once the Gram Panchayat has agreed to provide necessary passage at the spot adjoining Khasra No. 199, no interim relief can be granted to the plaintiffs on their application under Order XXXIX Rules 1 and 2 CPC. The revision is, accordingly, dismissed. The revision is, accordingly, dismissed. However, it would be open to the plaintiffs to initiate appropriate proceedings in the event of the Gram Panchayat or its present Sarpanch or even the successor Sarpanch not adhering to the statement made by the present Sarpanch before the lower appellate Court.