JUDGMENT :

OW104 No.27/2016 (O&M)

This petition has been filed under Section 104 of the Constitution of the Jammu and Kashmir (now 227 of the Constitution of India) for quashing the order dated 15.03.2016 passed by the learned District Judge, Udhampur (hereinafter to be referred as the appellate court) whereby appeal filed by the petitioners against the order dated 20.01.2016 passed by the Sub Judge, Udhampur dismissing the application for grant of temporary injunction in suit titled, “G. L. Mittal vs Union of India”, has been dismissed, thereby upholding the order dated 20.01.2016.

2. The petitioners have impugned the order dated 15.03.2016 on the grounds that learned appellate court has exercised the jurisdiction in an illegal manner by ignoring vital documentary evidence, that clearly demonstrated that there was relationship of lessor and lessee between the parties. Further even if it is assumed that there was relationship of licensor and licensee between the parties, even then the license was irrevocable in nature.

3. The respondents have filed the objections, wherein besides raising preliminary objections with regard to the maintainability of the petition, have stated that the pet