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2005 Supreme(J&K) 243

MANSOOR AHMAD MIR
Tsewang Narboo – Appellant
Versus
Tsering Angchok – Respondent


Advocates Appeared:
Advocate For Appellant: G.A. Lone
Advocate For Respondent: Z.A. Qureshi

1. This revision is directed against the interim orders dated 3rd of March, 2005 and 17th of March, 2005 passed by learned Principal District Judge, Leh in civil suit titled Tsewang Narboo Vs. Tsering Angchok.

2. The petitioner has assailed the said orders on the ground that the trial court had no powers to extend the time fixed by the appellate court for filing the written statement.

It is apt to notice the facts of the case.

3. The plaintiff has filed the above titled civil suit for, Damages and, Recovery of Possession in the Court of Principal District Judge, Leh. The learned District Judge, Leh after hearing the parties disposed of the interim injunction application vide order dated 10th April, 2004. The petitioner/plaintiff assailed the said order by the medium of appeal (CIMA No.40/2005) before this Court. This court set aside the said order.

4. It is profitable to reproduce operative part of the judgment of this Court herein;-

In view of these facts I find that the trial court™s order impugned in the present appeal cannot stand. I remand this case to the trial court for a fresh adjudication. Before proceedings in the matter the respondents shall file its detailed written stat




























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