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2012 Supreme(J&K) 131

MOHAMMAD YAQOOB MIR
Ab. Majeed Baba – Appellant
Versus
M. Company – Respondent


Advocates Appeared:
Mr. Q. R. Shamas, Advocate for the Petitioner.
Mr. M. A. Makhdoomi, Advocate for the Respondent.

1. Suit captioned M/S M & Company Engineers & Contractors Pvt. Ltd v. Ghulam Qadir Baba has been instituted on 09.12.2009 seeking following relief:-

a) A decree of Mandatory Injunction directing the defendant and any person claiming through or under him to effect necessary renovation/repairs in the demised suit premises enabling the plaintiff to continue with the business without facing further hardships and inconvenience as well as be directed to allow the plaintiff to hold and possess physically the suit premises which the plaintiff is otherwise entitled to hold.

b) A decree of Permanent Injunction restraining the defendant and any one claiming through or under him from creating third party interest in any manner whatsoever of the suit premises.

c) Any other decree or order which this Hon'ble Court deems just and proper may be passed in favour of the plaintiff and against the defendant to meet the ends of justice."

2. Summons were issued from time to time. On 9.3.2010, trial court proceeded in ex-parte against the defendant. On 19.04.2011, an application came to be filed on behalf of petitioner Abdul Majeed Baba S/O Ghulam Qadir Baba seeking leave-to intervene. In the said applicatio






















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