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2007 Supreme(J&K) 120

MANSOOR AHMAD MIR
Farooq Ahmad Shah – Appellant
Versus
Gh. Mustafa Hajini – Respondent


Advocates Appeared:
Advocate For Appellant: Mohd. Sultan
Advocate For Respondent: Mohd. Amin Khan

1. This revision petition is directed against the order dated 4th September, 2006 passed by 3rd Additional District Judge, Srinagar, in Civil Miscellaneous Appeal titled Farooq Ahmad Shah Vs. Ghulam Mustafa Hajini and others, for short impugned order.

2. It is necessary to notice the facts of the case briefly herein:

Ghulam Mustafa Hajini-respondent No.1 filed a suit in the court of First Civil Subordinate (Sub-Judge), Srinagar, with the prayer that defendants 1 and 2-Abdul Majid Dar and Farooq Ahmad Shah be restrained from raising any sort of construction in the suit land with further direction to respondents not to grant any building permission/sanction in their favour. Trial court passed status-quo order vide order dated 12th August, 2006-came to be assailed by defendant No.2-Farooq Ahmad Shah by the medium of appeal before 3rd Additional District Judge, Srinagar. The said court passed the impugned order.

3. Feeling aggrieved, defendant No.2-Farooq Ahmad Shah has preferred this revision petition.

4. It appears that learned counsel for the parties had made a joint request before the appellate court for demarcation/identification of the suit land. Appellate court in terms of the submi






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