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2007 Supreme(J&K) 75

MANSOOR AHMAD MIR
Ab. Rehman – Appellant
Versus
Syed Yousuf Shah – Respondent


Advocates Appeared:
Advocate For Appellant: R.A. Jan
Advocate For Respondent: Altaf Haqani

1. Petitioners have called in question order dated 26. 12. 2006 passed by the Sub-Judge (CJM) Budgam in a suit titled as Syed Hussain Shah and Ors. v. Abdul Rehman Ganaie and Ors. whereby petitioners- defendants came to be directed to confine to the pleadings and file amended written statement. Brief facts are to be noticed.

2. Respondents/plaintiffs filed a suit for grant of decree of permanent injunction before the trial court on 31.07.1993. Petitioners/defendants appeared and filed written statement. Issues came to be framed. Parties led evidence and file was posted for final arguments on 31.07.2000. From 31.07.2000 the file remained on dockets of the court for addressing further arguments. In the meantime, one legal point was raised by the defendants which came to be thrashed out vide order dated 06.07.2000. Feeling aggrieved, defendants filed revision petition before this court which came to be decided on 10.07.2003. Thereafter, it appears that notice came to be issued to the parties vide order dated 23.07.2003. Parties caused appearance. Learned counsel for the plaintiff filed application for amendment on 24.10.2005 in order to incorporate the relief in the plaint which was re






























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