1. In a suit for declaration and permanent injunction filed in the Court of Munsiff, Anantnag on 2-7-1976 a temporary injuction was issued against the defendants-petitioners directing them not to cause any interference in the possession of the plaintiffs-respondents. An application soon thereof was presented by the Plaintiffs in the trial court submitting therein that the defendants had in complete violation of the interim order obstructed the pathway by raising a Pacharbandi on it and as a consequence rendered the pathway absolutely unusable for the plaintiffs. The application was supported by an affidavit and the trial court issued notice to the other side who also submitted its objections and affidavits and the matter was thereafter argued before the trial Munsiff who vide his order dated 23-7-1976 came to the positive finding to the effect that the defendants appear to have errected Pacharbandi after the institution of the suit and therefore were directed to remove the same in order to bring the suit property to the position as it was at the time of the institution of the suit. The trial court arrived at this finding of fact on several grounds. The first was that the applicati

Click Here to Read the rest of this document