JUDGEMENT :

1. A civil suit titled Tariq Ahmad Bhat and another v. Iqbala Akhter and others, for grant of declaration with consequential relief of mandatory injunction, has been filed by present petitioners/plaintiffs against respondents/defendants before the court of Additional Special Mobile Magistrate, Kulgam (for brevity “Trial Court”) on 5th May 2017. Threshold ad interim injunction was passed by Trial Court on 6th May 2017 (Annexure XI to petition), which was subject to objections from other-side. Written statement (Annexure XII to petition) was filed by respondent / defendant no.1 in opposition to the suit of petitioners before Trial Court. By order dated 19th December 2017, Trial Court made absolute ad interim order dated 6th May 2019.

2. Aggrieved of aforesaid order dated 19th December 2017, passed by Trial Court, respondent no.1 herein preferred a Civil Miscellaneous Appeal before Principal District Judge, Kulgam (for short “Appellate Court”). After considering rival contentions of parties, learned Appellate Court vide order dated 11th May 2019 set-aside the Trial Court order dated 19th December 2017, vouchsafing liberty to respondent no.1/appellant to take up the matter wi