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2015 Supreme(J&K) 130

N.PAUL VASANTHAKUMAR, DHIRAJ SINGH THAKUR
Raj Kumar Dubey – Appellant
Versus
Anil Kumar Dubey – Respondent


Advocates:
For the Appellant :Vikram Sharma, Advocate
For the Respondents:P.N. Raina, Sr. Advocate and J.A. Hamal, Advocate

JUDGMENT :

Dhiraj Singh Thakur, J.:-

1. The present Letters Patent Appeal has been preferred against the judgment and order 7.3.2014 passed by the learned Single Judge in a petition under Section 104 of the Constitution of Jammu and Kashmir. With a view to understand the background in the light of which the present controversy has arisen, it is necessary to give a few facts in brief.

2. Appellant-plaintiff before the trial court filed a suit for permanent prohibitory injunction for restraining the defendants-respondents from causing interference in regard to land measuring 1 kanal comprised in khasra No. 570/205 situate at Katra.

3. The trial court temporarily restrained the defendants-respondents from interfering with the ownership and possession of the plaintiff-appellant herein over the suit land and subsequently after hearing both the sides vide order dated 13.8.2010 made absolute the interim injunction earlier granted.

4. The respondents challenged the aforementioned order in Civil 1st Miscellaneous Appeal No. 90 before the court of learned District Judge, Reasi, who after hearing both the sides allowed the appeal vide its order dated 22.12.2012 and by modifying the earlier order



























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