ORDER :

1. Issue notice. Mr. Rahul Bharti, learned senior counsel accepts notice on behalf of the respondent.

2. The matter is taken up for final consideration at this stage keeping in view the subject matter of the petition and as the counsels have argued the matter in length.

3. The petitioner through the medium of the present petition has challenged the impugned order dated 12.10.2021 passed by learned Additional District Judge, Kathua, whereby the order of status quo passed by the trial court vide order dated 05.04.2021 is modified. Learned counsel for the petitioner herein has argued that there was no reason for the appellate court to pass the impugned order as the same will only result into multiplicity of the proceedings, the petitioner shall be non- suited and moreover in case the respondent is allowed to raise the construction the property of the petitioner shall be put to loss.

4. Mr. Rahul Bharti, learned senior counsel appearing on behalf of the respondent has argued that the trial court has passed the order keeping in view facts and circumstances of the case. The order impugned in the present petition if allowed to stand shall not cause any infringement of the rights of th