IMPORTANT POINT
When main relief cannot be granted to it cannot be said that they are having any right to seek discretionary relief of ad interim injunction.

Mr. Ram Chand Gupta, J.: — The present revision petition has been filed under Article 227 of the Constitution of India read with with Section 151 of the Code of Civil Procedure (hereinafter to be referred as ‘the Code’) for setting aside order dated 8.8.2006, Annexure P1, passed by learned Additional Civil Judge, Senior Division, Bhiwani, vide which application for ad interim injunction order under Order 39 Rules 1 and 2 of the Code filed by respondentsplaintiffs was partly allowed and the application filed by present petitioner was dismissed as well as for setting aside order dated 6.8.2009, Annexure P2, vide which learned Additional District Judge, Bhiwani, allowed the appeal filed by respondents-plaintiffs and dismissed the appeal filed by the petitioner.

2. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned orders passed by learned Courts below.

3. Brief facts relevant for the decision of present revision petition are that a suit for mandatory injunction was filed by respondents-plaintiffs directing petitioner-defendant no.1 to execute and get registered gift deed in favour of plaintiff no.1-Trust regarding the land, duly described in the heading of the plaint, total measuring 237 kanals 02 marlas, according to jamabandi for the years 2000-01, situated at village Paluwas, Tehsil and District Bhiwani and further relief for declaration to the effect that resolution No.1 dated 6.5.2006 passed by petitioner-defendant no.1 is illegal, null and void, without jurisdiction and contrary to resolution no.1 dated 8.8.2001 passed earlier, and further relief of permanent injunction restraining present petitioner-defendant no.1 to act upon this resolution and restraining them to reverse and set aside mutation No.9387 dated 20.12.2001 regarding gift in favour of respondents-plaintiffs- Trust, has been sought.

4. It has been averred by respondents-plaintiffs that respondent no.1 is duly constituted Trust vide trust deed dated 13.7.2000. Petitioner- Gram Panchayat passed a resolution dated 8.8.2001 to give the land in dispute to respondent -Trust by way of gift. Resolution was subject to the approval of the State Government, as per Rules and on the recommendation of Deputy Commissioner, Bhiwani, requisite sanction was granted by the Government of Haryana approving the gift of land to respondent-Trust on certain conditions. Another resolution dated 24.1.2002 was passed by Gram Panchayat and possession of the land was handed over to respondent-Trust on 19.12.2001. Mutation bearing No.9387 dated 20.12.2001 has also been sanctioned in favour of the respondent-Trust on the basis of approval given by the Government. Since then, respondent-Trust has been continuing in possession of the same and has also raised construction and running an educational institute. Earlier a civil writ petition was filed in this Court by some residents of the village challenging the said resolution of the Gram Panchayat and approval granted by the Government gifting the land in dispute to respondent-Trust, however, the said writ petition was dismissed as infructuous in view of amendment in Section 5A of Punjab Village Common Lands (Regulation), Haryana Amendment Act. The villagers also filed letters patent appeal against the said decision of single Bench of this Court and, however, the same was also dismissed as infructuous giving them liberty to challenge the vires of the said amended Section 5A of the Punjab Village Common Lands (Regulation), Haryana Amendment Act.

5. Petitioner-defendant contested the suit as well as injunction application, inter alia, on the ground that suit is not maintainable in the present form and that civil Court is having no jurisdiction to try and decide the present suit. It is contended that petitioner-Gram Panchayat is owner of the land in dispute and previous resolution was not validly passed, as per the Acts and the Rules and the land of Gram Panchayat was illega