Shri Guru Ravidass Gurudwara Prabhandhak Welfare Society v. Gurmail Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 18.04.2026 SHRI GURU RAVIDASS GURUDWARA PRABHANDAK WELFARE SOCIETY

...Petitioner

Vs.

GURMAIL SINGH

...Respondent

CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL

Present:

Mr. Harpreet S. Rakhra, Advocate for the petitioner.

VIRINDER AGGARWAL , J.

(Oral) 1.

The present civil revision petition has been filed under Article 227 of the Constitution of India, seeking issuance of appropriate directions for maintaining status quo between the parties in respect of the lis pending before the learned Additional Civil Judge (Senior Division), Jalandhar, which is presently fixed for 14.05.2026 as during the pendency of the suit an interim application was filed under Order XXXIX Rules 1 and 2 CPC, the respondent is illegally interfering in the affairs of the plaintiff and is attempting to forcibly demolish existing structures and raise unauthorized construction in the area of the Gurudwara Sahib, which is being maintained and managed by the plaintiff (petitioner herein). In these circumstances, it is prayed that appropriate directions be issued to preserve the subject matter of the dispute by maintaining status quo till the disposal of the interim application by the learned trial Court.

2.

Learned counsel for the petitioner submits that the petitioner has been duly authorized by the Gurudwara Prabhandak Welfare Society to

institute the suit on behalf of the Prabhandak Committee, which is a duly registered society managing and maintaining the Gurudwara Sahib. It is further contended that the adjoining property was also purchased by the Prabhandak Committee from funds collected through donations from the general public. It is alleged that the respondent is now attempting to unlawfully encroach upon the said land and intends to raise construction of a wall without the approval or consent of the petitioner/Committee. In these circumstances, the petitioner/Committee instituted a civil suit along with an application for interim injunction, which is presently pending adjudication before the learned Additional Civil Judge (Senior Division), Jalandhar. It is further submitted that the suit was filed in January 2025, and the respondent entered appearance on 27.01.2025. However, since then, the application for interim injunction has remained pending without adjudication. 3.

A perusal of the case history reveals that the matter has been repeatedly adjourned at the instance of the petitioner since 19.05.2025 for the purpose of filing replication, which has not been filed till date. Consequently, the matter now stands adjourned to 14.05.2026. Learned counsel for the petitioner submits that the respondent is attempting to encroach upon the property of the Gurudwara Sahib by raising unauthorised construction, thereby creating a likelihood of breach of peace. It is, therefore, contended that the property of the Gurudwara Sahib, which is being managed by the Prabhandak Committee, requires immediate protection.

4.

Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the dispute, the present petition is disposed of with a direction to the learned Additional Civil Judge (Senior

Division), Jalandhar, to consider and decide the pending application under Order XXXIX Rules 1 and 2 CPC expeditiously, preferably within a period of one month from the next date already fixed before the learned trial Court. The learned Court shall decide the said application on the basis of the pleadings and material already available on record. It is further observed that in case of any imminent threat or urgency, it shall be open to the petitioner to move an appropriate application before the learned trial Court for preponement of the hearing or for appropriate interim protection, which shall be considered and decided in accordance with law.

(VIRINDER AGGARWAL) JUDGE 18.04.2026 kv Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No