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2005 Supreme(J&K) 352

MANSOOR AHMAD MIR
Gh. Ahmad Dar – Appellant
Versus
Mushtaq Ahmad Shah – Respondent


Advocates Appeared:
Advocate For Appellant: Imtiyaz Ahmad Sofi
Advocate For Respondent: Arifa Jan

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. P









































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