Mr. Rajiv Narain Raina, J.: - This is a misconceived appeal which merits outright dismissal. But outright dismissal based on instinctive judicial reflexes also requires writing of a judgment containing reasons and the motions have to be gone through and the facts of the case narrated to support the conclusion of dismissal with exemplary costs.

2. This is an appeal filed by Municipal Corporation, Amritsar against concurrent findings of facts recorded by the courts below in a suit filed by the plaintiff that the defendant Corporation be restrained from interfering in the peaceful possession of the Diocesan Church administered by the Amritsar Diocesan Trust Association and from forcibly digging the private passage or land or laying sewerage pipes in the private passage/lane forming part of the aforesaid Mission Compound or installing any street lights in any portion of the private passage leading to Mission Compound aforesaid from Court Road side or any portion of property known as Mission Compound or its private passage/land. The decree passed by the trial court reads as follows:-

“This suit as coming on this day for final disposal before me (Ranjeev Kumar P.C.S. Civil Judge (Jr. Divn.) Amritsar). In the presence of Shri P.M. Sharma, Advocate counsel for the plaintiff and Shri Sanjiv Soni Advocate counsel for the defendant. It is ordered that the suit of the plaintiff succeeds and is hereby decreed with costs and a decree for permanent injunction thereby restraining the defendant from interfering and inter-meddling in the possession and ownership rights of the plaintiff over the property known as Mission Compound situated at Taylor Road and Court Road in area containing 75 Kanals 15 marlas or thereabouts and comprising khasra No.1168 and 1169 and bounded as under:- North: by the approach and road leading to the said Alexandra High School from Taylor Road aforesaid. East: by the land and premises of the said school; South: by Court Road aforesaid; West: by Taylor Road aforesaid; is hereby passed in favour of the plaintiff and against the defendant Corporation.”

3. A few words on the dispute may be appropriate. It is not disputed that about 100 tenants live in 75 K and 15 M of Church property comprising a part of the Mission Compound situated on Taylor Road, Amritsar. The Municipal Corporation has supplied water through pipes, as a sewerage system installed by the Corporation connects with the Church buildings where, as said earlier, about one hundred tenants live in the Mission Compound. The supply of water ends in Church premises and does not flow to any other part of the city for onward water supply. If the Municipal Corporation, Amritsar as in duty bound is to supply metered water to the residents of the municipal areas and has connected Church premises with water pipes that does not mean that because of it, they can interfere or intermeddle in the suit property. On April 06, 2015 Mr. Sandhir appearing for the appellant had made following statement before this Court:-

“Mr. Sandhir, learned counsel for the appellant submits that the dispute had been settled even prior to the grant of permanent injunction. The sewerage and water supply pipes had been laid and connected with the church property, and, therefore, the dispute had ceased to exist.”

4. Mr. S.K. Garg Narwana, learned senior counsel appearing for the respondent submits that the statement made before the court was fallacious since Mr. Sandhir even today at the hearing presses the appeal for setting aside or varying the judgments and decrees of the courts below.

5. Mr. Sandhir submits that there is no dispute existing with the Municipal Corporation and the Church with respect to possession or ownership. He says that Municipal Corporation is not in fact interfering in any manner in the ownership, possession and management of the Church property. If that is so then it seems peculiar that an appeal should have been filed in this court under section 100 CPC.

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