Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Rejection of application–Justification–Though the land is recorded as gair mumkin marghat, yet the petitioner is in actual possession and it is not being used for funeral purpose for last 60 years–If the land is started to be used as funeral ground, irreparable loss would be caused to petitioner for all time as it would be a customary right in favour of general public–A way will also be created from his land which would be amounted to allowing an illegal path way–Prima-facie case in favour of petitioner–State Govt. is restrained from making construction or using the land for funeral purpose till disposal of the appeal.
