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2012 Supreme(J&K) 284

MOHAMMAD YAQOOB MIR
Ghulam Hassan Wagay & Anr. – Appellant
Versus
Mohammad Rafiq Bhat & Anr. – Respondent


Advocates Appeared:
C. Rev. No. 185/2008
Mr. M. A. Qayoom, Adv. for Petitioner.
Mr. Z. A. Shah, Sr. Adv. for Respondents.
C. Rev. No. 10/2009
Mr. Z. A. Shah, Sr. Adv. for Petitioners.
Mr. M. A. Qayoom, Adv. for Respondent.

1. Aggrieved by order dated 06.12.2008, passed by District Judge, Anantnag in the appeal captioned Mohammad Rafiq Bhat & anr. v. Ghulam Hassan Wagay, both the parties have filed two revision petitions, one captioned Ghulam Hassan Wagay v. Mohammad Rafiq Bhat & Anr. (C. Rev.185/2008) and another captioned Mohammad Rafiq Bhat & anr v. Ghulam Hassan Wagay (C. Rev. No. 10/2009).

2. In the three storeyed building situated at Lal Chowk Anantnag, Ghulam Hassan Wagay (petitioner in C. Rev. No. 185/2009) (hereinafter referred to as the tenant), is in possession of two shops located in the ground floor. Respondents Mohammad Rafiq Bhat & another (petitioners in C. Rev. No. 10/2009 (hereinafter referred to as the owners) are the owners of the said building.

3. In the intervening night of 22/23rd December, 2007, the said building gutted in fire. The Municipal authorities served a notice to the owners on 08.01.2008 to the effect that the building being in dilapidated condition and unsafe be demolished so as to avoid any untoward incident.

4. The tenant filed a suit for permanent prohibitory injunction before the Court of Munsiff, Anantnag. Applications filed alongside the suit for interim relief we























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