Punjab-Haryana High Court
Gurudwara Gurdarshan Parkash And ... vs Rashpal Singh And Others on 15 November, 2023
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C. R. No.5954 of 2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : C. R. No.5954 of 2023
Pronounced On : November 15, 2023
Gurudwara Gurdarshan Parkash and another .... Petitioners
vs.
Rashpal Singh and others .... Respondents
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Amit Jhanji, Senior Advocate
with Ms. Priyanka Kansal, Advocate
for the petitioners.
Ms. Divya Jerath, Advocate
for Mr. Navjot Singh, Advocate
for the respondents.
* * *
GURBIR SINGH, J. :
1. Challenge in this revision petition filed under Article 227 of the
Constitution of India is to the order dated 18.02.2020 (Annexure P-13),
passed by learned Civil Judge (Junior Division), Hoshiarpur, vide which
application filed by the petitioners under Order 39 Rules 1 and 2, read with
Section 151 CPC (Annexure P-11), has been dismissed. Further challenge is
to order dated 22.09.2023 (Annexure P-15), passed by learned Additional
District Judge, Hoshiarpur, whereby appeal filed against the aforesaid order
Annexure P-13 has also been rejected and Receiver-cum-Administrator has
been appointed to manage the affairs of Dera/suit property.
2. Brief facts, as culled out from the paper-book, are that the
plaintiffs/petitioners (hereinafter referred to as - the plaintiffs) filed suit
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(Annexure P-10) for grant of permanent injunction restraining the
defendants/respondents from interfering in any manner in the property, as
shown in the site plan attached and mentioned in the heading of the plaint
and situated at Dera Baba Jawahar Dass Ji (for brevity - Dera), Village
Soos, District Hoshiarpur, which is the ownership of Astham Dera Baba
Jawahar Dass Ji and is being managed by Dera's Charitable Trust, as shown
in the site plan attached and mentioned in the heading of the plaint.
3. The case of the plaintiffs is that Dera is a Charitable Trust, duly
registered with the Sub-Registrar, Hoshiarpur and the said Trust manages the
property of Dera at Village Soos. The said Dera is well known among the
Sikh followers. After death of last caretaker of this religious institution, the
up-keep of this institution was being done by the Gram Panchayat, Soos. As
per intentions of the villagers of Village Soos and Gram Panchayat, they
decided to hand over services/sewa of the Dera to Damdami Taksal, Jatha
Bhindran, situated at Village Mehta, District Amritsar. In the meeting of
Gram Panchayat, Soos under the chairmanship of Sarpanch Hardeep Kaur,
which was attended by all the five Panches, it was unanimously decided by
passing a resolution/Panchayatnama that the Gram Panchayat, Soos was
earlier managing and taking care of Dera but now, since it is not capable to
handle this responsibility, it has been decided to hand over the management
and service of Dera to Sant Baba Harnam Singh Bhindrawale and
accordingly, management was handed over to Damdami Taksal in very
peaceful manner.
4. After taking over the above-mentioned Dera, Damdami Taksal
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decided to register a Charitable Trust so as to run the institution in a
transparent and better way. Accordingly, on 25.06.2018, Trust was got
registered with objective to work for the upliftment and welfare of the
mankind and to unite them in complete solidarity by improving them
ehtically, socially and educationally and the same is being run by the said
Trust since 13.05.2018. There is no complaint of any sort against the
conduct of the persons, who are managing the affairs of the Dera.
5. The defendants, who were earlier getting the monetary benefits
out of the institution, entered into conspiracy to take over the affairs of Dera.
Initially, defendants started malicious campaign against the persons
managing the affairs of the Dera but when their attempts to create rift in the
Society failed, then they started abusing and threatening the plaintiffs and
other Trust members to either vacate the premises or face dire consequences.
On 01st March, 2019, at night, they armed with weapons, started creating
ruckus in front of the religious institution demanding the keys from office
bearers of plaintiffs and other members, and when nobody came outside,
they started shouting and openly declared that they would take over the Dera
by killing either one or all members of the Trust.
6. On 5th March, 2019, the defendants held a general meeting in
the village instigating the villagers to come with them to take over the
institution but the villagers did not accompany them. They openly
threatened to take the matter in their own hands illegally and unlawfully.
Their act is only to create rift in the Society and to take forcible possession
of the Dera.
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7. Due to unlawful acts of the defendants, the plaintiffs moved a
petition before this Court bearing CRM-M-11116-2019, for protection of
life and liberty of the plaintiffs and other members of the Dera and the Trust,
wherein Superintendent of Police, Hoshiarpur was directed to do the needful
for protection of life, liberty as well as property of the Trust.
8. The Dera is presently being managed properly. Daily services
of the Dera are being performed by the competent persons. The day-to-day
accounts of the Holy Gurudwara are duly maintained in Punjab National
Bank, Branch Bullowal, District Hoshiarpur. The Permanent Account
Number (PAN) of the Dera has also been issued by the Taxation
Department. Electricity connection is also installed there. The defendants,
who are not religious persons and are headstrong, are threatening and
interfering in the management and sewa of the Dera. So, prayer was made
to restrain the defendants from interfering in any manner in the properties of
the Dera, as shown in the site plan attached, by way of causing any damage
to its buildings in any manner.
9. Defendants no.1 to 17, 19 and 21 contested the suit by filing
written statement. Their case is that plaintiff no.2 Trust had no right, title or
interest to manage the affairs and properties of Dera and has no locus standi
to manage the same. The Gram Panchayat of Village Soos alone was not
competent to manage the affairs of Dera and its properties. Earlier, a civil
suit was filed by Gram Panchayat regarding right, title and interest to
manage the said Dera and the same was decreed on 25.09.1984 but in
appeal, the matter was compromised. The resolution of Panchayat dated
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16.02.1987 was placed before the Court as Ex.C-1 about terms and
conditions for the Committee for managing the affairs and properties of the
Dera, This compromise dated 16.02.1987 is the sole legal verdict for
constituting Committee for management of the Dera, which included 32
members. The said Committee had never authorized the plaintiffs to
perform any duty at Dera. Thus, the plaintiffs have got no right, title or
interest to manage the Dera and the properties attached to it. The resolution
dated 13.05.2018 is without any authority and is forged and fabricated one.
The stamp paper, on which the said resolution was scribed, was never
purchased by Avtar Singh son of Ajit Singh. The act of registration of Trust
on 25.06.2018 is an act of manipulation by the plaintiffs and has got no legal
sanctity and does not bind the villagers and the defendants.
10. A dispute also arose last year regarding management of Dera
whereupon the District Magistrate, vide its order dated 12.05.2018, has
appointed a Committee of officers to supervise the donations being offered
at the Dera, collect and deposit the same in the account of the Dera. There is
tradition of huge donations/offerings by the worshippers of Dera and
plaintiffs have an eye over these offerings to which they are not entitled to at
all. The plaintiffs, in connivance with the Sarpanch of Gram Panchayat,
want to use these donations of Dera. The Dera and properties attached to it
are being managed by the Managing Committee. Wives of defendants no.1
and 7 are duly elected members of Panchayat and defendants no.2 to 4 are
themselves elected Member Panchayats of Village Soos. The plaintiffs
intentionally did not place on record a copy of the writ petition to conceal
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the fact that matter in the writ petition is in issue in the present suit as well.
11. Learned Trial Court dismissed the application for grant of
temporary injunction. In appeal filed by the plaintiffs, it is held that the order
dated 18.02.2020, passed by learned Trial Court, does not suffer from any
infirmity or illegality and the same does not require any interference. So, the
appeal was dismissed. The learned Appellate Court made interim
arrangement while passing the order. The relevant extract of the order
passed by the learned Appellate Court is as under :-
"...Therefore, following orders are
passed as an interim measure during the pendency
of the suit before the trial court :-
i) To manage the affairs of Dera/
suit property effectively and in
transparent manner, the SDM,
Hoshiarpur is appointed as Receiver-
cum-Administrator of the Dera Baba
Jawahar Dass Ji village Soos Distt.
Hoshiarpur. Henceforth, all the assets
of suit property i.e immovable or
movable properties including the
bank accounts opened from time to
time by both the parties, offerings,
donations, bank securities etc shall be
under the control of the SDM,
Hoshiarpur. None of parties shall
remove/alienate/dispose off any such
assets from the suit property in any
manner. Further for proper
management of the day to day affairs
of Dera, an Interim committee shall
be formed by the SDM, Hoshiarpur
within one month from today. The
said committee will be headed by
SDM, Hoshiarpur and would include
two members each from both the
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contesting sides/ parties, who would
be assisting the SDM, Hoshiarpur in
managing the day to day affairs of
Dera/ suit property. Both the parties
shall forward the names of their
respective members for including
them in the said interim committee to
SDM, Hoshiarpur within 15 days
from today. In case names of the
members to be included by both the
parties are not forwarded by any of
the party within the stipulated period,
then the SDM, Hoshiarpur is
authorised to nominate such members
from both sides at his own discretion.
ii) All the financial powers of the
Dera Baba Jawahar Dass Ji village
Soos shall vest in SDM, Hoshiarpur.
All the donation boxes in the suit
property shall be sealed and opened
in the presence of SDM, Hoshiarpur
or in the presence of his duly
authorised person only and preferably
in the presence of members of the
interim committee. Proper record/
accounts/inventory shall be
maintained with regard to collection
of donations/other offerings. All the
donations in cash would be deposited
in the bank account as per directions
of the SDM and other offerings would
be kept under the lock and key
/supervision of SDM and would be
dealt with by the SDM, Hoshiarpur as
he deem it fit for its better utilization.
SDM Hoshiarpur is further
authorised to spend the funds of Dera
as he deem fit for the betterment of
the Dera/devotees/villagers of village
Soos and for its effective management
in any manner and proper account
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to all expenses made from such funds.
The management of affairs of Dera
would also include its maintenance,
development, hiring employees,
holding various functions and other
activities of Dera/suit property from
time to time as decided by SDM,
Hoshiarpur in consultation with
members of Interim Committee. The
SDM, Hoshiarpur is also authorised
to operate all the bank accounts
including existing bank accounts ever
opened in the name of Dera/Trust/
Management of the Dera so formed
from time to time and necessary
intimation in this regard be sent to the
concerned banks. Both the parties
shall also be bound to disclose the
details of such bank accounts to the
SDM, Hoshiarpur within 15 days. The
SDM Hoshiaprur is also authorised to
open new bank account in some
nationalized bank being Receiver-
cum-Administrator of the Dera Baba
Jawahar Dass Ji for better
management of its funds as he deems
fit. In case any dispute arises with
regard to day to day management of
the Dera/ suit property amongst the
members of the interim committee,
then decision made by the SDM,
Hoshiarpur shall be final.
13. The SDM Hoshiarpur may take the
assistance of Police in consultation with SSP,
Hoshiarpur for effective implementation of this
order and who would ensure maintenance of
proper law and order in and around the suit
property. Copy of this order is forwarded to Sub
Divisional Magistrate, Hoshiarpur and SSP
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12. Learned counsel for the petitioner has submitted that the Courts
below have non-suited the petitioners on the ground that there was
compromise Ex.C-1 and the resolution dated 16.02.1987, whereby the
arrangement was made that all the Panchayat members would be the
members of the Committee of Dera and Gram Panchayat would have no
right to manage the Gurudwara, which is a Sikh institution, to be managed
by the worshipper of Sikh religion. A non-Sikh cannot manage the
Gurudwara. Defendants are not the members of any Committee. They are
not eligible to manage the affairs of a religious body or to render services to
Holy Sri Guru Granth Sahib Ji installed in the Dera. Many criminal cases
have been registered against them, details whereof are mentioned in para
no.7 of the appeal filed before learned District Judge, Hoshiarpur (Annexure
P-14), which reads as under :-
"FIR No. 62 under Section 323, 324,
148, 149 IPC has been lodged against defendant
No.2 Avtar Singh and defendant no.8 Karan Deep
Singh at Police Station Bullowal and Narinder
Singh son of Roop Singh lodged in Central Jail
Ludhiana and similarly, there is also FIR No.0124
against defendant No.17 Simarjit Singh, lodged at
Police Station Bullowal under Section 354, 323,
324, 451 and 34 IPC. FIR No.0015 has been
lodged against defendant No.14 Narinder Singh
under Section 420, 120-8 IPC and under Section
13 of Punjab Prevention of Human Smuggling Act
2012. FIR No.2 was lodged against defendant
No.20 Amandeep Singh under Section 302, 201
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IPC at Police Station Bhogpur, Tehsil and District
Jalandhar."
13. Thus, it is clear that some of the defendants are the persons with
criminal background and are not maintaining the Sikh tenements. Earlier,
few persons filed suit against Gram Panchayat and Gram Panchayat agreed
to form a Committee and passed the resolution. Accordingly, all the
Panches were directed to nominate three members and this Committee was
formed only for two years. There is nothing on record to show what
happened after two years. No record was brought on the file about working
of the said Committee or its existence after the lapse of two years. The said
compromise was neither acted upon nor implemented in any manner. No
record has been produced by the defendants to the effect that they have ever
formed any Managing Committee or the said Managing Committee had ever
worked for the Holy Gurudwara. The Rehat Maryada of Sikh religion
shows that all the religious affairs can be performed by Amritdhari Sikhs and
not by the criminal persons.
14. The suit has been filed for the protection of religious property
as as per para No.413 of Mulla Hindu Law, defendants are claiming their
rights through Gram Panchayat but no existing right or title in any religious
property vests in the Gram Panchayat. Any temple, Masjid or Gurudwara,
by its very nature, is a juristic person. So, the Dera in question is also a
juristic person. The entire village and Panchayat executed Panchayatnama
dated 13.05.2018 in favour of the plaintiffs and all the services/sewa was
duly handed over to the plaintiffs. The photographs of handing over the
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sewa and the entire programme including Ardas Samagam are duly annexed.
News was also published regarding handing over the keys, in different
newspapers. Various Annual Jorh Mela and 550 th Parkash Utsav of Shri
Guru Nanak Dev Ji were celebrated. The resolution dated 10.02.2020 was
passed after giving commendation for successful celebrations of the same.
Site plan was produced showing entire buildings, Samadhs, Langar Halls
being run by the plaintiffs. Jamabandis for the year 2014-15 depicted the
property to be the Dera in question in the revenue record. Khasra Girdawri
shows the disputed Khasra Number to be Gair Mumkin Dera "Makbuja Dera
Baba Jawahar Dass". The Panchayatnama dated 13.05.2018 was signed by
more than 300 residents of village including some of the defendants. The
Trust in question was registered on 24.07.2018 before the Sub-Registrar,
Hoshiarpur and the same has never been challenged by any person including
defendants. The Trust is doing work for upliftment and welfare of the
mankind and is having philanthropic objects.
15. The learned courts below wrongly twisted the facts and made
out a case which is not even pleaded by the defendants. The defendants, in
the present case, have nowhere pleaded that the Holy Gurudwara was having
succession from Guru to Chela or it was Gurudwara of Udasi Bheikh.
16. The learned Lower Appellate Court further committed grave
error in appointing a Receiver-cum-Administrator of the Dera to manage the
affairs of the Dera. There were no complaints filed against the plaintiffs
regarding mismanagement of the Dera or mismanagement of its funds. It is
the case of the defendants in the written statement that accounts of the Dera
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are duly being maintained in a transparent manner. The learned Lower
Appellate Court appointed the Receiver without any basis, in order to
deprive the petitioners of their right to perform sewa of the Dera. Receiver is
normally appointed with a view to protect the property being squandered but
before appointing the Receiver, the Court is required to keep in view rights
of the parties, parties interested and there being no adequate remedy to take
care of the interest of others. Receiver is appointed in case there is some
emergency or danger or loss calling for an immediate action. Receiver
cannot be appointed merely on the ground that there would not be any harm.
The plaintiffs are not claiming ownership of the Dera but are only claiming
the right to manage the Dera and to perform its sewa in accordance with
Sikh tenements. They have been managing and performing sewa since 2018
and sewa was handed over to them in a lawful manner by Gram Panchayat.
The plaintiffs would suffer irreparable loss and injury in case they are
deprived of their rights. Prima facie, the case is also in favour of the
plaintiffs. They would suffer loss and injury if rights of the plaintiffs are not
protected during pendency of the suit. Balance of convenience is also in
favour of the plaintiffs since they are performing sewa and there is no
complaint against them regarding maintaining Rehat Maryada and about
misappropriation of any funds. The appointment of Receiver is totally
against the law. The orders passed by learned Courts below are not
sustainable. Reliance in this regard has been placed on Rame Gowda
(dead) by LRs vs. M. Varadappa Naidu (dead) by LRs and another
reported as (2004) 1 Supreme Court Cases 769 and Anathula Sudhakar
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vs. P. Buchi Reddy (dead) by LRs and others reported as (2008) 4
Supreme Court Cases 594.
17. Learned counsel for the respondents has argued that in
pursuance of the order passed by the Appellate Court, Receiver is already
appointed and the said order is already implemented. So, the same cannot be
changed now. It is further submitted that the suit property/Dera is being
managed by the Committee, in pursuance of the order passed in the earlier
case. As per the resolution of Gram Panchayat dated 16.02.1987, the Gram
Panchayat was one of the constituents of the said Committee of 32 members.
The said Committee has never authorized the plaintiffs to perform the duties
of the Dera. It is further submitted that the Gram Panchayat alone had no
authority to manage the affairs of the Dera and the management of the Dera
could not be handed over to plaintiffs by passing resolution dated
13.05.2018. The Managing Committee, in pursuance of Resolution dated
16.02.1987, has never been dissolved. So, it is the Committee only, which
can manage the affairs of Dera/suit property. Since it is known as Samadh
of Baba Jawahar Dass Ji etc. and plaintiffs claimed to maintain it according
to Sikh religion. As there is no place of worship of Samadh in Sikhism, so,
the plaintiffs have no right to manage the Dera/suit property. The entire suit
property is in Shamlat and part of the suit property is owned by private
persons. So, Gram Panchayat has not right to hand over the suit property
owned by private persons to any one alone. For transferring the management
of the suit property, the consent of all the stake holders was required, but
there is no such consent. The plaintiffs have no ownership rights in any
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manner over the suit property and learned Appellate Court is right in holding
that there was threat to law and order situation in the area and has appointed
Receiver till the disposal of the suit. No prima facie case exists in favour of
the plaintiffs and no balance of convenience is in their favour and they shall
not suffer any irreparable loss. So, the present revision petition deserves to
be dismissed.
18. I have heard submissions of learned counsel for the parties and
have perused the case file.
19. The specific case of the plaintiffs is that Dera Baba Jawahar
Dass Ji, Village Soos, District Hoshiarpur is well known among the Sikh
followers. After the death of its last care-taker, the up-keep of this
institution is being done by Gram Panchayat of Village Soos. The said
Gram Panchayat, vide its resolution dated 13.05.2018, unanimously decided
and handed over the management and services of the said place to the
plaintiffs. Charitable Trust was created on 25.06.2018 and the said religious
institution/Dera is being run by the said Trust. Thus, it can be said that on
the day of filing the suit, plaintiffs are managing the affairs of the Dera/suit
property and the said management has been handed over to the plaintiffs by
none else but Gram Panchayat of Village Soos. It is not the case of the
defendants that Holy Shri Guru Granth Sahib is not installed in the said
Dera. So, such an institution is to be prima facie managed and served as per
the Sikh tenements. Earlier, dispute arose regarding the management of the
Dera. The said suit was decreed vide judgment and decree dated
25.09.1984. In the appeal, compromise was effected. As per resolution
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dated 16.02.1987, a 32 persons Committee was constituted for the purpose
of managing the Dera. The plaintiffs have placed on the file Annexure P-18,
whereby Managing Committee was constituted for a period of two years, in
pursuance of the compromise, but thereafter, there is no other document
showing that the Committee has been actually functioning thereafter. Prima-
facie, there is no record that at the time of handing over the management of
Dera to the plaintiffs, such Committee was actually working. The part of the
suit property is owned by Shamlat, which vests in Gram Panchayat and
Gram Panchayat has handed over the management of the Dera to the
plaintiffs. There is nothing to show that the Dera is not being managed
properly, any litigation has arisen or any complaint has been filed with any
Authority with regard to usurping the funds of the Dera. The plaintiffs have
not acquired the management of the Dera by force or by unlawful means but
the same has been handed over to them by Gram Panchayat of the Village
itself. Plaintiffs are not claiming any ownership rights in the property of
Dera. Thus, prima-facie, the Gram Panchayat has given responsibility to the
plaintiffs to manage the affairs of Dera/suit property in the year 2018 and
plaintiffs are properly managing and serving the Dera as per Sikh tenaments.
So, plaintiffs have got every right to manage the same till this management
is taken back in accordance with law. The First Appellate Court,
apprehending that there would be law and order problem, appointed the
Receiver to manage the affairs of the Dera. When a person is natural or
juristic or a Trust and is managing the property, then such person cannot be
deprived of the Management/custody of the property by appointing
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Receiver. The management from the plaintiffs can only be taken back in
accordance with law and not forcibly and same cannot be given to the
Receiver without any basis. The question whether plaintiff has right to
manage the Dera/suit property or defendants have right to manage the same,
can only be decided during trial of the case. The appointment of Receiver is
one of the extreme measures which the Court normally takes with a view to
protect the property being squandered. Before appointing a Receiver, the
Court is to keep in view, the rights of the parties, parties interested and there
being no adequate remedy to take care of others' interest. A Receiver
cannot be appointed to deprive a party of a de facto possession. The
appointment of Receiver is considered to be very harsh remedy and such
jurisdiction should be exercised only in extreme case with utmost care and
caution. A Receiver can only be appointed if it appears to the Court to be
just and convenient. The meaning of "just and convenient" has been
explained By Hon'ble Kerala High Court in the case of Mary and others
vs. Biju P. Sebastian reported as 2011(1) R.C.R.(Civil) 43. Para 4 and
para 5 of the said judgment read as under :-
"4. What is meant by "just and convenient"?
The word, "just" is derived from the Latin word
"justus" which came from the Latin word, "jus"
which means "a right, more technically a legal
right". The word "just" is defined in Century
Dictionary as "right in Law or ethics". In the
Standard Dictionary that word is defined as
meaning "conforming to the requirements of right
or positive law". The word "convenience" means
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"suitability of a thing". Fletcher Moulton, CJ. in
Edwards & Co. v. Picard [(1909) 2 KB 903] has
construed the expression "just or convenient"
occurring in the Judicature Act, Sec.25(8) thus:
"The effect of the words "just or
convenient" is to my mind much the
same as "where it is practicable and
the interest of justice require it".
Jessel, M.R. in Beddow v. Beddow [(1878) 9
Ch.Div. 89] stated that in ascertaining what is
"just", regard must be had to what is "convenient"
as well.
5. Lindley, CJ. stated in Holmes v. Millage
(supra) that court should appoint a Receiver for
the protection of rights or for the prevention of
injury, according to the legal principles. Referring
to Section 503 of the Code of 1882 (quoted supra)
Straight, J. held in Srimathi Prosonomoyi Devi
and another v. Ma Hob Rai and others [(1883) 5
ILR Allahabad 556] that the power (for
appointment of a Receiver) is not to be exercised
as a matter of course and that it is not a reason for
allowing an application for appointment of a
Receiver that it can do no harm to appoint one.
The discretion given by that Section is one that
should be used with the greatest care and caution.
The Madras High Court in Krishna Swamy Chetty
v. Thangavelu Chetty and others (AIR 1955
Madras 430) has quoted with approval the
following passage from Crawford v. Ross [39 Ga
44 (Z 28)]:
"The high prerogative act of taking
property out of the hands of one and
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the Judge ought not to be taken except
to prevent manifest wrong
immediately impending."
Reference was also made to the following words of
Atkinson, J. in Dozier v. Logan [101 Ga 173 (Z
29)] :
"The appointment of a receiver is
recognised as one of the harshest
remedies which the law provides for
the enforcement of rights and is
allowable only in extreme cases and
in circumstances where the interest of
the creditors is exposed to manifest
peril .........."
Thus, the order of appointment of Receiver by learned First Appellate Court
is per se wrong and is against settled principles of law.
20. At this stage, prima facie, plaintiffs have been properly
managing the affairs of Dera/suit property and they have been given the said
management by the Gram Panchayat itself and they cannot be deprived by
any person, who has no better right to manage the same. The learned Courts
below failed to consider that it is the duty of the Court to protect the
plaintiffs and none be allowed to interfere in the management, possession
etc. of the plaintiffs, during the pendency of the case. Learned Appellate
Court has wrongly appointed the Receiver for handing over the management
of the property of Dera/suit property, when there was no necessity to appoint
the same.
21. In the light of the above discussion, the present revision petition
is allowed and the orders passed by learned Courts below are hereby set
aside. The defendants are restrained from interfering in the management of
MONIKA Dera/suit property except in due course of law.
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integrity of this document
2023:PHHC:144558
22. The learned counsel for the respondents has submitted that the
SDM concerned has started acting in pursuance of the order passed by First
Appellate Court. Since the order of appointment of Receiver has been set
aside, so, the SDM concerned shall not interfere in the management of
Dera/suit property in any manner on the basis of order of appointment of
Receiver.
23. The plaintiffs shall properly and regularly maintain the record
of receipts and expenditure and shall file a copy of the account statement in
the learned Trial Court after three months, till disposal of the suit.
24. However, nothing stated herein above shall have any effect on
the merits of the case.
25. Pending applications, if any, shall stand disposed of along with
this judgment.
November 15, 2023 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes.
Whether reportable ? Yes.
MONIKA
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integrity of this document
