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2021 Supreme(J&K) 466

JAVED IQBAL WANI
Vipan Aggarwal – Appellant
Versus
Raman Gandotra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Narinder Kr. Attri, Advocate
For the Respondent(s) No.1:Ms. Himani Uppal, Advocate vice Mr. R.K. Jain, Sr. Advocate
For the Respondent(s) Nos.2 and 3:Mr. Rahul Bharti, Sr. Advocate with Ms. Zoya Bhardwaj, Advocate

Judgment

Javed Iqbal Wani, J.-The petitioners herein have invoked the supervisory jurisdiction of this Court seeking quashment of order dated 17.10.2012 (for brevity ‘impugned order) passed by the court of 2nd Additional Munsiff, Jammu (for brevity ‘court below’) in case titled as “Vipan Aggarwal and ors. vs. Raman Gandotra and ors.”.

2. Before adverting to the grounds of challenge urged in the petition, brief facts emerging from the petition are required to be outlined, hereunder:-

    (I) A suit for permanent prohibitory injunction is stated to have been filed by the plaintiffs/petitioners herein against defendants/respondents herein qua the land measuring 2 kanals 19 marlas covered under Khasra No. 694 situated at Village Delli Jammu. The defendant/respondent No. 1 herein is stated to have filed written statement.

(II) The application for interim relief accompanying the suit is stated to have been dismissed by the trial court vide order dated 21.10.2005 and an appeal filed against the same is also stated to have been dismissed on 15.05.2008.

(III) The petitioner Nos. 1 and 3 are stated to have constituted an attorney on 09.03.2010 for managing, looking after and disposing of the lan

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