High Court of Punjab and HaryanaCR/2630/2015dismissed

Keshwa Nand Chela Sham Dass v. Gurudwara Parbandhak Committee (Registered)

2015-04-21Mr Justice Rakesh Kumar Jain2 pages

Civil Revision No. 2630 of 2015 -1Civil Revision No. 2631 of 2015 In the High Court of Punjab and Haryana at Chandigarh 1.

Civil Revision No. 2630 of 2015 Date of Decision: 21.4.2015.

Keshwa Nand Chela Sham Dass .......Petitioner

Versus

Gurudwara Parbandhak Committee (Regd.) ......Respondents and others 2.

Civil Revision No. 2631 of 2015 Jaswinder Dass Mahant .......Petitioner

Versus

Gurudwara Parbandhak Committee (Regd.) ......Respondents and others CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. P.K.Gupta, Advocate for the petitioners.

**** SABINA, J.

Vide this order, above mentioned two petitions would be disposed of as the petitioners have challenged the order dated 4.4.2015 whereby their objections were dismissed. I have heard the learned counsel for the petitioners and have gone through the record available on the file carefully. Sunder Singh, Hukam Singh, Gurbux Singh and Ralla Singh had filed suit under Section 92 of the Code of Civil GURPREET SINGH 2015.04.24 15:09 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 2630 of 2015 -2Civil Revision No. 2631 of 2015 Procedure, 1908 for removal of petitioner Keshwa Nand from Mohtmimship of the trust in question. The said suit was decreed by the First Appellate Court vide judgment/decree dated 12.10.1987 and it was ordered that defendant Keshwa Nand be removed as Mohtmim of the suit property and the registered managing committee of the village was appointed as trustee of the suit property. Regular Second Appeal filed by petitioner Keshwa Nand was dismissed by this Court and Special Leave Petition filed by petitioner Keshwa Nand was disposed of as withdrawn with liberty to him to approach this Court for filing appropriate review petition. The Gurudwara Prabandhak Committee filed execution petition. Petitioners filed their objections before the Executing Court.

The learned Executing Court rightly dismissed the objections filed by the petitioners as petitioner Keshwa Nand had been ordered to be removed as Mohtmim of the suit property and the managing committee of the village was appointed as trustee to manage the suit property. Thus, the managing committee could very well seek the execution of the decree.

No ground for interference by this Court is made out. Both the petitions are dismissed.

(SABINA) JUDGE April 21, 2015 Gurpreet GURPREET SINGH 2015.04.24 15:09 I attest to the accuracy and authenticity of this document Chandigarh