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2015 Supreme(J&K) 173

TASHI RABSTAN
Abdul Qayoom Nizami – Appellant
Versus
Mohammad Umar Nizami – Respondent


Advocates:
For petitioner:Mr. Virender Bhat, Advocate.
For respondents:Mr. O.P. Thakur, Advocate. Mr. H. A. Siddiqui, AAG.

JUDGMENT :

1. Appellants have filed the instant Civil 1st Miscellaneous Appeal seeking setting aside of order dated 30.08.2014 passed by the 2nd Additional District Judge, Jammu, whereby the Court below while allowing the application filed by Haji Mohd. Abdullah-respondent No. 22 herein, observed that Defendant/respondent No. 1-Mohd. Umar Nizami or his attorney Haji Mohd. Abdullah may raise construction over the land in dispute at their own risk and cost, but no claim for such construction shall be made by them in the event the same falls within the share of plaintiffs, appellants herein.

2. The facts in brief are that the appellants herein have filed a suit for declaration, partition, separate possession, injunction and settlement of accounts etc. before the Court of 2nd Additional District Judge, Jammu with respect to suit land measuring 10 kanals 11 marlas covered by Survey No. old/127-Min and new 729, and the same is pending disposal. Along with the suit, an application for temporary injunction was also filed and the learned Judge vide order dated 08.08.2006 directed the defendants 1 to 17 therein to maintain status-quo. The said order was extended from time to time and vide ord















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