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2010 Supreme(J&K) 415

Hasnain Massodi
Anant Ram – Appellant
Versus
Isher Dass – Respondent


Advocates Appeared:
S.D. Sharma, Anil Khajuria.

1. The petitioner on 21.1.2007 commenced a Civil Suit against the respondents in the Court of Sub Judge Udhampur for recovery of an amount of Rs.3000/-from the respondents as damages for illegal dismantling of the compound wall, details whereof were given in the plaint. The petitioner also asked for permanent injunction decree perpetually restraining the respondents from interfering with the suit compound or any construction "of his choice" raised by the petitioner on the suit land. Alongside the suit the petitioner filed an application for grant of ad-Interim injunction. The Trial Court on the date of institution of the suit and temporary injunction application, granted temporary injunction in favour of the petitioner and temporarily restrained the respondents from causing any interference in construction of the compound wall raised by the petitioner to fence the suit property. The operative part of the interim injunction dated 22.1.2007 reads as under:

"In the meantime defendants/ non-applicants are temporarily restrained from causing any interference in the construction of compound walling being raised by the plaintiff/applicant in the suit property referred above. This order is


















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