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2018 Supreme(J&K) 978

TASHI RABSTAN
Ghulam Mohammad Wani – Appellant
Versus
Ali Mohammad Ganaie – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shahwar Gauhar, Advocate
For the Respondents:Altaf Haqani, Advocate

ORDER :

Tashi Rabstan, J.

1. Instant writ petition has been filed under Section 104 of the Constitution of Jammu and Kashmir. Petitioners, on the edifice of case set up, seek quashment of order dated 12th March 2018 passed by learned Munsiff Chadoora as also order dated 16th July 2018 passed by learned Principal District Judge, Budgam in Civil Miscellaneous Appeal bearing File No. 93/Appeal. Petitioners implore a direction in the name of parties to maintain status quo with respect to the suit property, with further direction to Trial Court to pass decree against defendants/respondents 2 & 3 and in favour of plaintiffs in view of admission made by them in their written statement filed before learned Trial Court.

2. The case set up by petitioner is that they have filed a civil suit titled Ghulam Mohammad Wani and another v. Ali Mohammad Ganie and others, before the court of learned Munsiff, Chadoora (for brevity "Trial Court") for grant of Decree for Declaration, Partition, Possession and Permanent Injunction. Learned Trial Court vide order dated 13th December 2017, directed parties to maintain status quo with regard to suit property. Learned Trial Court, however, by order dated 12th Ma

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