- (1.) This appeal is filed against the order dated 22.07.2010 passed by the learned Additional Civil Judge (Senior Division), Ajnala and order dated 17.04.2013 passed by the learned Additional District Judge (Adhoc), Fast Track Court, Amritsar by which objection filed by the appellant has been dismissed.
(2.) In brief, Mahant Baldev Gir Chela Mahant Kishan Gir filed a suit for declaration that he is Mahant/Gaddinashin of Mandir Sita Mata Ji and Dhuna Maharishi Balmik Ji situated at Ram Tirath Road, Amritsar, Tehsil Ajnala, District Amritsar with consequential relief of permanent injunction restraining the defendants from interfering in his lawful possession and for mandatory injunction directing the defendants to hand over possession of the room where Dhuna Sahib has been installed and two rooms situated towards the western side of the Smadh Jinda Mahatma Deepak Bhan. After contest, the suit was decreed and the defendants were directed to hand over, within six months, possession of the room where Dhuna Sahib has been installed and two rooms situated towards the western side of Smadh Jinda Mahatma Deepak Bhan to the plaintiff.
(3.) In the execution filed by the plaintiff, the present appellant filed objection under Section 47 and Order 21 Rule 97 & 98 of the CPC alleging that the objector-Trust is in management, control and possession of the Mandir, but the plaintiff did not implead it and the decree has been passed at their back. It is also pleaded that execution of the decree would affect the legal rights of the objector-Trust which represents Balmiki community whose religious feelings are attached to the Mandir as the history goes that Ram Tirath was originally Ashram of Maharishi Balmiki who gave shelter to Sita Mata and in the said Ashram the birth of Luv and Kush took place.;