VINOD K.SHARMA, J. - (1.) THE petitioners have challenged the order dated 25.1.2006 passed by the Civil Judge (Junior Division), Ludhiana, vide which the application moved by them under Order 7 Rule 11 of the Code of Civil Procedure for rejection of plaint for want of leave to institute a suit under Section 92 CPC has been declined.
(2.) THE respondent-plaintiffs filed a civil suit under Section 92 of the Code of Civil Procedure (for short the 'Code') for framing a scheme for appointment of new Trustees/Trustees for proper and effective administration and management of Public Religious and Charitable Endowment property known as KHUI TILAK RAM measuring 3 kanals 16 marlas comprised in Khwat No. 1356 Khatauni No. 1507, Khasra Nos. 370, 371, 372 as per jamabandi for the year 2000-01 of Taraf Karabara and Khasra No. 1708 min, 1708/1 min and Khasra Nos. 2247/2113, 2228/2112, 2246/2181 as per jamabandi for the year 1935-36 on Ferozepur Road, Tehsil and District Ludhiana and further directing the petitioner-defendants to render accounts for settling the claim for proper administration of the trust in terms of the trust deed dated 2.4.1938 and for mandatory injunction directing the defendant-petitioners to remove the illegal and unauthorised construction as shown red in the plan attached with the suit and encircled in green as well as for a decree of perpetual injunction restraining the petitioner-defendants from raising any construction in contravention of the terms of the above said trust deed in any part of the suit property and changing the user of the said property on the basis of oral and documentary evidence. Along with the suit, the respondent-plaintiffs also filed an application seeking leave to file the suit under sub-section (1) of Section 92 of the Code.
(3.) ON 5th of December, 2005, the learned Civil Judge (Jr. Divn.), Ludhiana, passed the following order :- "Present : Counsel for the plaintiff. Suit received by entrustment. Office report seen. Be registered. Ex-parte interim is ordered. I have perused the file. To prevent irreparable loss to the plaintiffs in the light of the trust deed, jamabandi, injunction is ordered. The order dated 25.01.1995 on record. Parties are directed to maintain status quo regarding nature of suit property strictly till 3.1.2006. The order is subject to the service of defendants. Compliance under Order 39 Rule 3 be made. Notice of suit also be given to Defendants for 3.1.2006. 5/12/05 Sd/- CJJD, Ldh." ;