C.R. No.7723 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7723 of 2009 Date of Decision: 3.8.2010 Mahabir Jain Kanya Pathshala Trust, Bhiwani and another ……Petitioners VERSUS Daya Krishan and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Alok Jain, Advocate for the petitioners. Mr. Surinder Gandhi, Advocate for respondents No.1 and 2. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging order dated 8.10.2009 passed by Addl. Civil Judge (Jr. Divn.), Bhiwani, whereby C.R. No.7723 of 2009 -2- an application moved by the defendants (petitioners herein) for can- cellation of leave granted under Section 92 C.P.C. to the plaintiffs/re- spondents to file suit was dismissed. 2. Mr. Alok Jain, learned Counsel for the petitioners fairly states that learned trial Court shall decide the suit after framing fol- lowing as well as other issues arising in the suit:- i) As to whether property in dispute is a Public and Chari- table Trust; ii) As to whether plaintiffs have any cause and locus to file the suit; iii) As to whether reliefs claimed fall within the scope of Section 92 C.P.C. 3. Mr. Alok Jain, learned Counsel for the petitioners fairly submitted that any finding recorded by the learned trial Court at the time of granting leave to file the suit shall not come into way of learned trial Court while deciding the suit on merit after framing proper issues. He further states that he wants to withdraw this peti- tion with liberty to raise all the points before the learned trial Court. 4. Petition is dismissed as withdrawn. However, it is ex- pected from the learned trial Court that it shall proceed with the case after framing proper issues. Learned trial Court shall not grant any unnecessary adjournment to either of the party. It is also expected from the learned trial Court that it shall not be influenced by any of the observations made in the impugned order. C.R. No.7723 of 2009 -3- 5. Both the parties are directed to appear before the learned trial Court on 10.8.2010 for further directions. ( ALOK SINGH ) 03rd August, 2010 JUDGE ashish