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2022 Supreme(J&K) 563

M. A. CHOWDHARY
Shameema Akhter – Appellant
Versus
Abdul Jabbar Lone – Respondent


Advocates appeared:
Mr M. A. Qayoom, Advocate., for the Respondent; Mr Ateeb Kanth, Advocate., for the Respondent

JUDGMENT

1. This Civil 2nd Appeal filed by the Appellant was admitted on the following questions of law by this Court vide Order dated 23.05.2018.

    I. Whether in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title or he can succeed in getting the relief of perpetual injunction merely be proving the fact that he is in settled possession of the property in question?

    II. Whether the Appellant Court committed an error of law in deciding the 1st Appeal in a cursory manner which reflects non-application of mind?

    2. For the sake of convenience, the appellant and respondent are proposed to be referred as plaintiff and defendant respectively as they were before the court of first instance.

    3. The factual background to the filing of this Appeal is briefly stated that the Plaintiff filed a suit for permanent injunction against the Defendant before the Trial Court with prayer to pass a permanent injunction restraining the Defendant perpetually from causing any interference into her peaceful and bonafide possession of the suit property which was in her physical possession. The Plaintiff claimed that she along with the defendant purchased 02 kanals and 10 marlas o

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