S. A. O NO. 52 OF 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH S. A. O NO. 52 OF 2011 (O&M) DECIDED ON : 09.09.2011 Gram Panchayat and another ...Appellants versus Pardeep @ Prince ...Respondent CORAM : HON'BLE MR. JUSTICE K. C. PURI Present : Mr. Ravinder Malik, Advocate, for the appellants. K. C. PURI, J. (ORAL) This is an appeal directed by the defendant against the judgment dated 28.04.2011 passed by Shri Puneesh Jindia, Additional District Judge, Karnal, vide which the appeal against the order dated 22.11.2010 passed by Shri Mahesh Kumar, Civil Judge(Junior Division), Karnal, was accepted and the trial Court was directed to proceed with the suit in accordance with law. Pardeep @ Prince filed a suit for mandatory injunction with the allegations that the suit property is a Chaupal and he has opened the door towards that Chaupal. The defendants are trying to raise construction by blocking the passage of the house of the plaintiff. S. A. O NO. 52 OF 2011 (O&M) -2- The defendants filed an application under Order 7 Rule 11 CPC in which prayer has been made for return of the plaint on the ground that the civil Court has no jurisdiction. It is pleaded that the suit is without issuance of mandatory notice to the defendant and the plaintiff has sought the relief that house of the plaintiff was constructed about 25 years ago and gate of the house of the plaintiff shown in green colour and for reaching out of the Chaupal, there is an open space for ingress and outgress. Now the plaintiff has sought relief that defendants be restrained from constructing the wall in front of the gate of his house. The defendants have taken stand that under Section 13 of the Punjab Village Common Land Act, 1961, the jurisdiction of civil Court is barred. An application under Order 7 Rule 11 CPC was filed, which was resisted by the plaintiff. It is pleaded that the Court has already granted exemption for serving notices under Sections 204 and 205 of the Haryana Panchayti Raj Act, 1954. The dispute is personal regarding use of passage and as such, the jurisdiction of civil Court is not barred. The learned trial Court after hearing both the sides, accepted the application and order to return the plaint on the ground that civil Court has no jurisdiction. Feeling dissatisfied with the above said order dated 22.11.2010 passed by Civil Judge (Junior Division), Karnal. The plaintiff filed first appeal vide which the Additional District Judge, S. A. O NO. 52 OF 2011 (O&M) -3- Karnal set aside the judgment passed by the trial Court and directed the trial Court to decide the case in accordance with law. Feeling dissatisfied with the judgment dated 28.04.2011 passed by the Additional District Judge, Karnal, the defendants-appellants have preferred the present appeal. Learned counsel for the appellants has submitted that jurisdiction of civil Court is barred in view of authority reported in “Munshi Ram and another vs. State of Haryana and others” 1979 PLJ 489 (Full Bench). The plaintiff wanted to open the door in Shamlat Deh. The appellants, in this manner, are excluding Gram Panchayat and as such, the above said authority is applicable. I have carefully considered the said submissions but do not find any force in the same. From the careful reading of authority Munshi Ram's case (supra), it is revealed that the civil suit is barred in case the parties dispute the fact that the land in question is Shamlat Deh or not ? There is no such dispute raised by the plaintiff in the present case. The fact that property, where the door is to be opened is Shamlat Deh, has rather been admitted by the plaintiff. The case of the plaintiff is regarding the relief that his passage cannot be blocked. So, the above said authority is distinguishable. Only the civil Court can adjudicate the said dispute. So in these circumstances, the findings returned by the first Appellate Court does not call for any interference. S. A. O NO. 52 OF 2011 (O&M) -4- Consequently, the appeal is without any merits and the same stands dismissed. SEPTEMBER 09, 2011 (K. C. PURI) shalini JUDGE