Himachal Pradesh High Court
Shiv Pratap Giri & Anr. vs . Chanderbhan Giri & Ors. on 6 September, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Shiv Pratap Giri & Anr. Vs. Chanderbhan Giri & Ors.
Civil Suit No.113 of 2022 .
06.09.2022 Present: Mr. Vivek Negi, Advocate, for the plaintiffs.
OMP NO.614 of 2022 Notice returnable on 12th October, 2022, has already been issued by the Registry in main suit. Notice in this application be also issued for the date already fixed in the main suit, on taking steps within two days, if not already taken.
r Claim of the applicants/plaintiffs is that respondent/defendant No.1 is trying to induct Chella/ his successor of the Gaddi of Mahant of Gosain Math Shivalaya, Middle Bazaar, Shimla, contrary to the Will of Mahant Amba Dutt Giri, on the basis of which defendant No.1 is claiming his rights over the Gaddi and property whereas it is not permissible and he is also trying misappropriating, transferring and siphoning the property as well as proceeds thereof in his name, in name of his wife, his wife's relatives and sister and his confidants and he has already transferred valuable portion of the property to the defendants/respondents No.2 to 7 and there is every possibility that these defendants/respondents shall further encumber, transfer or alienate the said property, in violation of and in confrontation with the conditions on which this property has been inherited and is to be used, and as a matter of fact, the entire suit property is neither alienable nor transferable and also cannot be used except for benefit of the Math. It has been submitted that defendants are using and proposing to dispose of the property for their personal interests, which is not permissible under ::: Downloaded on - 12/09/2022 20:01:42 :::CIS the law. Copy of Will along with other documents has also been filed .
with plaint.
The prima facie case is made out in favour of plaintiffs, therefore, respondent No.1 is directed to maintain status quo qua induction/introducing any person as Chella/Successor to the Gaddi of Mahant of Math referred supra or the suit property, and also all defendants are restrained from encumbering, creating charge, alienating, transferring, etc. of any portion or part of the suit property, building known and identified as shop No.36, The Mall, Shimla and Shop No.7 Middle Bazaar, Shimla - 171001, in their respective possession and also to maintain status quo qua the nature, possession and title of the suit property referred supra, till next date of hearing.
Compliance under Order 39 Rule 3 be ensured within 24 hours.
Applicants/plaintiffs are permitted to use the downloaded copy of this order from the High Court Website and concerned authorities shall not insist for certified copy of the order, rather if need be, it can be verified from the High Court website or otherwise.
List on 12th October, 2022.
(Vivek Singh Thakur), Judge.
September 06, 2022 (shivender) ::: Downloaded on - 12/09/2022 20:01:42 :::CIS