JUDGMENT :

1. The petitioner through the medium of present petition filed under Article 227 of the Constitution of India seeks issuance of writ of certiorari for quashment of order dated 28.10.2021, passed by the court of learned Additional District Judge, Jammu. The said court denied the interim relief to the petitioner in the suit.

2. The case of the petitioner in the suit is that he along with the defendants is co-sharers in the land measuring 05 kanal 05 marlas in khasra no.2319 and 01 kanal 14 marlas falling in khasra no.2320 situate at Kote tehsil Bhalwal, Jammu and has not been partitioned till date. The parties have been in the peaceful possession of the suit property and being held by the parties to the suit together as co-sharers equally. The plaintiff and the defendants in the suit are real brothers. The defendants after the death of the father of the parties intended to start construction on the suit property which compelled the plaintiff to approach the SDM, Jammu (North) with a complaint and the Tehsildar stopped the construction that was being raised by the defendants. The plaintiff approached the Tehsildar for implementation of order but no action has been taken by th