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2017 Supreme(J&K) 608

TASHI RABSTAN
Mohammad Yousuf Shah – Appellant
Versus
Akber Ganai – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. M.A. Shah, Advocate
For the Respondent(s):Mr. Nissar Ahmad Kuchay, Advocate

Judgment

1. Petitioners, through instant writ petition under Article 227 of the Constitution of India read with Section 104 of J&K Constitution, seek writ of certiorari quashing/declaring orders dated 14th July 2014 and 29th June 2015, passed by learned Sub Judge, Budgam (for short “Trial Court”), in case titled Mohammad Yousuf Shah and another versus Akber Ganie and others, as illegal, bad, erroneous, against law and justice. They further seek writ of mandamus, directing/commanding Trial Court/Sub Judge, Budgam, to dispose of the matter after hearing final arguments in the matter in consonance with the directions passed by Principal District Judge, Budgam, vide judgment dated 24th July 2006.

2. Petitioners’ case is that they had filed civil suit for grant of a decree of permanent injunction/prohibitory injunction against respondents (defendants below), which was pending disposal before Trial Court. The suit, as contended, by petitioners, was actually filed before learned Munsiff, Chadoora, by petitioners, Learned Munsiff, vide judgment dated 14th June 2006, dismissed the suit under Order 7 Rule 11 CPC, which was put to challenge. Learned Principal District Judge Budgam, vide judgme






























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