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2008 Supreme(J&K) 25

MANSOOR AHMAD MIR
Rajinder Kumar – Appellant
Versus
Vijay Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: V.R. Wazir
Advocate For Respondent: K.S. Chib

1. The petitioner/defendant has challenged the Order dated 04.05.2006 passed by the 2nd Addl. Munsiff, Jammu, dismissing the application of the petitioner/defendant for permission to file the documents in terms of Order 13 Rule 2 of C.P.C., read with Section 151 C.P.C.

2. It is necessary to notice the brief facts of the case, which have given birth to this revision petition.

3. The respondents/plaintiffs filed a suit for prohibitory injunction with the prayer that the petitioner/defendant be restrained from raising any construction on the eastern wall on the grounds taken in the plaint. Precisely the case of the respondents/plaintiffs is that they are the owners and in possession of the shop situated at Dhaunthli Bazar, Jammu, the description of which is given in Para No.1 of the plaint. The defendant/petitioner is bent upon to raise construction of first floor of his house/shop from eastern side and to use the wall of the plaintiffs shop in order to lay lantern on it. Along side the suit the plaintiff also filed an application for grant of ad-interim relief which came to be granted by the trial Court and declined by the appellate Court i.e. District Judge, in terms of Order dated 13


































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