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2022 Supreme(J&K) 388

JAVED IQBAL WANI
Mohd. Ali – Appellant
Versus
Sanjay Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sachin Sharma
For the Respondents: Sudesh Kumar

JUDGEMENT/ORDER :

1. Supervisory jurisdiction under Article 227 of the Constitution of India is being invoked by the petitioner herein for setting aside order dated 27.11.2020 (for short, “impugned order”) passed by the Court of Additional District Judge Udhampur (Appellate Court) in Miscellaneous appeal titled as, “Sanjay Kumar & Anr. Vs. Liyaqat Ali & Ors.”.

2. Facts emerging from the petition would reveal that the father of the petitioners herein namely Anayatullah came into possession of land measuring 9 ½ Marlas under Khasra No. 761 min situated at village Omara, Udhampur pursuant to agreement to sell dated 13.05.1995, allegedly executed between father of the petitioners and father of the respondents 1 and 2 and his real brother, namely, Dhani Ram, followed by agreement to sell dated 29.09.2007 executed between father of the petitioners and father of the respondents 1 and 2 and followed by another agreement to sell dated 07.01.2010 executed between the father of the petitioners and father of respondents 1 and 2.

3. A suit for declaration an injunction had been filed by one Charn Dass challenging the agreement to sell dated 07.01.2010 supra besides seeking an injunction against th

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