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2024 Supreme(J&K) 182

VINOD CHATTERJI KOUL
Ram Lal – Appellant
Versus
Chunni Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Ankush Manhas.
For the Respondent: Mr. V. Bhushan Gupta.

JUDGMENT :

1. Aggrieved of order dated 25.08.2021 passed by Principal District Judge, Bhaderwah (hereinafter referred to as the "Trial Court") in an application seeking grant of interim injunction in a Civil Cuit titled "Chunni Devi Vs. Ram Lal and Anr.", whereby the Trial Court has allowed the application of the plaintiff/respondent herein restraining the defendant/appellant herein from interfering in the possession of plaintiff/respondent over the suit land, appellant seeks setting-aside thereof.

2. The order impugned is being challenged, precisely, on the grounds that the same is contrary to the facts and law; that the Trial Court has miserably failed to appreciate the pleadings in the suit, particularly, the written statement, wherein the appellant/defendant has specifically stated that he is in possession of the suit land and his possession has been recorded in Khasra Girdwari of 2020-21; that no document in support of possession had been placed on record by the plaintiff/respondent; that the Trial Court has fallen in a grave error by overlooking the provisions of Land Revenue Act; that Trial Court ought to have passed order of status-quo as the possession was being claimed by b

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