- (1.) Challenge in the present petition is to the order dated 4.3.2011 passed by the learned court below whereby prayer for interim stay was rejected.
(2.) The case in hand has peculiar facts. The petitioner filed a suit under Order 1 Rule 8 CPC restraining the Gram Panchayat from changing the user or raising the construction on the land mentioned in the suit, which was being used as cremation ground by the residents of the village. Vide order dated January 07, 2010, the learned trial court granted ad interim injunction in favour of the petitioners/plaintiffs. However, subsequent thereto, an application was filed by some of the plaintiffs on July 20, 2010 seeking withdrawal of the suit. The suit was permitted to be withdrawn and the injunction granted vide order dated 07.01.2010 was vacated. On that very day two of the plaintiffs, who had not filed application for withdrawal of the suit, filed application before the learned court below stating that they do not wish to withdraw the suit. On their application, the court directed that suit shall not be treated as dismissed as withdrawn and further date for hearing was fixed. As the interim order granted on 07.01.2010 had not been restored, the petitioners filed application therefor, which was rejected by the learned court below vide impugned order. It is in these circumstances that the petitioners are before this Court.
(3.) At the very outset, learned counsel for respondent No. 1 submitted that after the vacation of the interim stay granted by the learned trial court, construction had been raised on the land in question, which had been donated by the Gram Panchayat to the Government for construction of a college. It was for the reason that the portion of the land used as cremation ground was located on main road. Alternative site has been earmarked for cremation ground, which is even bigger than the site in question.;