1. This Civil Miscellaneous Appeal is directed against the order dated 13th December, 2011, passed by Principal District Judge, Srinagar in a suit titled as Syed Hussain v. Mst. Nargis and others by virtue of which application for grant of ad-interim relief, filed in terms of Order XXXIX of the Code of Civil Procedure, for short as CPC, came to be granted and status quo till disposal of main suit, was ordered to be maintained, for short as impugned order.

2. Precisely the matter in controversy is that plaintiff-respondent No. 1 filed a suit for grant of decree of pre-emption and permanent injunction on the ground that he and defendant No, 1 i.e. Mst. Nargis Masarat, proforma respondent herein, have jointly purchased 30% share from three storied building situated at Kothi Bagh, Srinagar comprising 1 kanal and 12 marlas under survey No. 421/167 vide sale deed executed on 27th October, 2005. The remaining 70% of the said property was purchased by five other persons jointly, the particulars of which are given in the sale deed which is not the subject matter of the suit.

3. Defendant No.1 i.e. Mst. Nargis Masarat, proforma respondent herein, without informing the plaintiff-respondent No.

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