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2008 Supreme(J&K) 37

MOHAMMAD YAQOOB MIR, HAKIM IMTIYAZ HUSSAIN
Khurshid Ahmad Din – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: J.H. Reshi
Advocate For Respondent: M.A. Rathore

Per M. Yaqoob Mir, J.

1. Order dated 01.03.2007 passed by learned Sub-Judge, (CJM) Anantnag, has been questioned through the medium of petition bearing OWP no. 134/2007 same has been disposed of by learned Single Judge vide order dated 09.3.2007 which is impugned herein.

2. By virtue of order impugned learned Single Judge, has opined that appropriate remedy against the impugned order was to approach the same court or to file the appeal. Both the remedies are envisaged by C.P.C. remedy for impleadment is also available before the same court.

3. During the pendency of the LPA, appearing counsel for respondents, Mr. M.A. Rathore, AAG, while producing copy of the order dated 24.10.2007 passed by Sub Judge (CJM) Anantnag, whereby suit has been dismissed as withdrawn and all interim/interlocutory orders have been vacated, submits that no cause survives for the appellants, therefore, LPA may be dismissed.

4. Mr. Reshi, appearing counsel for the appellants submits that improvement i.e. in the shape of raised structure/bunkers under the orders of trial court, were required to be removed and status -quo ante as obtained on 07.10.2006 should have been restored, which has not been done, therefore,

























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