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2021 Supreme(J&K) 76

Syed Hassan Shah – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Asif Ahmad.
For the Respondent: Mr. T.H. Khawaja.

JUDGMENT :

JAVED IQBAL WANI, J.

1. Supervisory jurisdiction of this court under Article 227 of the Constitution is being invoked by the petitioners seeking quashment of orders dated 8.2.2018, 9.4.2018 and 19.12.2019 (for short impugned orders) passed by the court of Sub Judge, Pattan, (for short the trial court) in suit titled Syed Akber Shah and Others vs. State of J&K and Others.

In the aforesaid suit the respondents 4 to 7 herein are plaintiffs, while as respondents 1 to 3 as also the petitioners 1 to 4 herein are the defendants.

2. Before proceeding to deal with the instant petition certain relevant and germane facts are delineated hereunder:

    (i) A suit for permanent injunction has been filed by the plaintiffs seeking a decree of permanent injunction wherein they claimed to be owners in possession of land measuring two kanals and 17 marlas falling under survey No. 1583 (02 kanals and 08 marlas) and survey No. 1576 (09 marlas) situated at Moza Diwer, Yakmenpora, Pattan whereupon residential houses and other concrete structures have been raised and that they are residing therein. Adjacent to the said property of the plaintiffs another patch of land falling under survey No. 1585 is sta

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