IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 12.02.2026 THE MILK PRODUCER COOPERATIVE SABHA LIMITED …. PETITIONER V/S RAM SAROOP AND OTHERS …. RESPONDENTS CORAM : HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present : Mr. Raghav Gulati, Advocate for the petitioner.

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RAMESH CHANDER DIMRI, J. (Oral)

1. This is a petition under Article 227 of the Constitution of India challenging the order dated 07.01.2026 passed by learned Additional District Judge, Rupnagar and the order dated 19.11.2025 passed by the learned Civil Judge (Jr. Division), Sri Anandpur Sahib.

2. The petitioner filed a civil suit against the respondents inter alia pleading that on 20.06.2016, villagers of village Rampur Thoda passed a resolution of that date about establishment of the petitioner under presidentship of one Mangat Ram. The petitioner was registered under Section 9 of the Punjab Co-operative Societies Act, 1961 on 13.09.2018. Registration No.638 was issued to it accordingly. The petitioner is doing the work of milk production continuously since the year 2016. It collects milk from villagers of the said village etc. and then sends the same to Mohali. Nobody raised any objection about functioning of the petitioner. Elections to Gram Panchayat of the said village were held. Due to party friction and groupism in the village, the respondent No.1/defendant No.1 (for brevity “defendant No.1”) moved a false complaint before the respondent No.3/defendant No.3 (for brevity “defendant No.3”). The defendant No.3 accordingly issued a false and baseless letter to the defendant No.2 for getting premises of the petitioner vacated from Panchayat Ghar. The defendant No.2 has no objection about functioning of the petitioner from the said Ghar. It also sent a letter dated 26.05.2025 to the defendant No.3 mentioning its no objection about such functioning. Due to political pressure, the defendant No.3 issued another letter dated 28.05.2025 to the defendant No.2 to get the said premises in possession of the petitioner vacated. Said action of the said defendant is illegal and against wishes of the villagers. The defendants have no right to interfere in smooth and peaceful functioning of the petitioner. They are in connivance with each other and want to throw the petitioner out thereby hampering its functioning. With the said material averments in the plaint, the petitioner made the following prayer in it :-

“It is, therefore, prayed that a decree for issuance of permanent injunction restraining the defendants from dispossessing the plaintiff, interfering in the peaceful smooth functioning of the plaintiff i.e. The Milk Producer Co-operative Sabha Limited, Rampur Thoda/ Ladies, Rampur Thoda, P.O. Kalwan, Tehsil Sri Anandpur Sahib, Distt. Rupnagar for milk production, from removal of the equipments installed in the said Sabha of the plaintiff, demolition the construction of said Sabha, took the possession from the plaintiff, from initiating any kind of further proceedings on the basis of letter no.1567 dated 28.05.2025 or any other proceeding or in any other way or manner, exists in property of the defendant no.2 i.e. Panchayat Ghar in village Rampur Thoda, Tehsil Sri Anandpur Sahib, Distt. Rupnagar and in the alternative, decree for restoration of the possession of said Sabha in its original position, if the defendants succeeded to dispossess the said Sabha from the Panchayat Ghar, during the pendency of the present suit, may kindly be passed in favour of the plaintiff and against the defendants and any other relief which this learned court deem fit and proper in the circumstances of the present case, may also be kindly granted in favour of the plaintiff and against the defendants, in the interest of justice.”

3. Along with the plaint, the petitioner also filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (for brevity “1908 Code”). Upon issuance of notice of the suit, the defendant No.1 appeared and fil