1. This revision petition is directed against the order dated 15.09.2005 passed by Munsiff, Kupwara, in an application titled as Mushtaq Ahmad Shah Vs. Ghulam Ahmad Dar and others, moved by the defendants.

2. It is profitable to give a flask back of the case the womb of which has given birth to the revision petition in hand.

3. It appears that plaintiff, Mushtaq Ahmad Shah, filed a suit for grant of decree of permanent injunction against the defendants along with an application for grant of interim relief. On 28.05.2004, learned Munsiff, on the application for grant of interim injunction, passed an order, operative portion of which reads as under:-

"Meanwhile the objections are filed and considered, parties are directed to maintain statusquo on spot. This order, however, shall be subject to filing of objections by the otherside who shall be at liberty to apply for modification, alteration or cancellation of this order even before the next date fixed in the case."

4. The trial court, after hearing the parties, finally decided the application for grant of interim injunction vide order dated 27.09.2004, which reads as under:-

"Counsel for parties present. Heard the ld. Counsel at length. Perused record available with the file. Considering the arguments of the ld. Counsel for defendants & perused revenue extract. The word statusqua is spell out like this. The party who is in actual possession will continue with the possession till disposal of main suit. The application is accordingly disposed of. Be the part of main file."

5. On 19th April, 2005, plaintiff moved an application that the defendants are raising construction in violation of the order passed by the Court. The learned Munsiff directed the police concerned to implement the order dated 27.09.2004. SHO P/S Trehgam submitted report on 29th April, 2005.

6. The trial Court appointed Commissioner who submitted report that the construction process was complete upto plinth level. On consideration of the said report, the court directed police concerned to implement the court order strictly and matter was fixed on 10th June, 2005. The learned Munsiff passed detailed order on 10th June, 2005, operative portion of which reads as under:-

"In this connection two separate commissioners were appointed. One advocate from the bar and another Nazir of the court. As far as the report of the former commissioner is concerned the construction process was complete upto the plinth level. Thereafter another order was issued wherein P/s concerned was directed strictly to implement the court order. The grievance of applicant still was that the court order is being floated by the non-applicant. Thereafter the Nazir of the court was appointed commissioner who was directed to go on spot and monitor the situation. Nazir of the court proceeded on spot and found because of the Friday construction process is stopped. However it is spectacularly evident from the face of construction that construction has been raised upto the first storey and it is evident that court order has not been implemented by the P/s concerned in letter and spirit.

Therefore once again S.P. Kupwara is directed to implement the court order in letter and spirit and construction process be stopped till further orders. However a separate Robkar has been framed against the SHO concerned for not compliance of the court order in letter and spirit. A copy of this order will be sent to D.G. Jammu and Kashmir State for information. Hence both the applications are accordingly disposed of.

7. The defendants, feeling aggrieved of order dated 10th June, 2005, preferred a revision petition No.86/2005 before this Court which came to be dismissed vide order dated 21st July, 2005. However, it was left open to the defendants to apply for modification of the order.

8. It appears that defendants filed an application on 30th July, 2005 for vacation of order dated 10th June, 2005 read with order dated 27th September, 2004. It is profitable to reproduce the relief cl

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