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2022 Supreme(J&K) 608

RAHUL BHARTI
Yasir Ahmad Sheikh – Appellant
Versus
Abdul Salam Sheikh – Respondent


Advocates appeared:
Mr. F.A. Wani, Advocate, for the Appellant; None, for the Respondent

JUDGMENT

1. The petitioners are the sons of the respondent nos. 1 & 2. The respondent nos. 1 & 2 have filed a civil suit for declaration with consequential relief of permanent prohibitory injunction and mandatory injunction against the petitioners as being the contesting defendants and the suit is on the file of the Court of learned Munsiff, Pampore. Through the said civil suit, the respondent no. 1 in particular has come to challenge a document which is in the form of a sale deed dated 23.01.2019 in terms whereof, a purported sale of piece of land measuring 18 marlas falling under survey no. 135 situated at Kadlabal (Pulpar Area), tehsil Pampore, district Pulwama executed by the respondent no. 1 in favour of the petitioners is said to have been taken effect on the sale consideration of Rs.10,55,700/-. Upon the said piece of suit land there is a residential house existing in which the respondent no. 1 & 2 and also the petitioners are reported to be residing. Accompanying the said suit was an application filed by the respondent nos. 1 & 2 for seeking temporary injunction relief in which the trial court of learned Munsiff Pampore vide its order dated 09.10.2020 came to direct maintena

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