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2024 Supreme(J&K) 227

SANJEEV KUMAR
Mohammad Alam Hakak (Ganjoo) – Appellant
Versus
Shameema – Respondent


Advocates Appeared:
For the Appellant : Mr. M.A. Makhdoomi, with Mr. Abdul Manan.
For the Respondent: Mr. M.A. Qayoom, with Mr. Manzoor Dar.

JUDGMENT :

1. This Civil Miscellaneous Appeal by the appellant is directed against order dated 25.07.2023 passed by the Court of learned 2nd Additional District Judge, Srinagar [“the trial court”] in file No.60/Misc tilted “Mst. Shameema & Anr. vs. Mst. Noreen & Ors.” whereby the trial court has disposed of the application for grant of ad-interim relief and directed the defendants in the suit not to interfere with the suit property i.e. land measuring 02 kanals 14 marlas comprising of Survey No.219 in Estate Brain. The plaintiffs in the suit have been directed to file an undertaking before the trial court, that in case they ultimately fail to prove their case before the Court, they shall dismantle the construction, if any, raised by them during the pendency of the suit at their own cost and handover the vacant possession to the defendant No.3 if he succeeds in establishing his case. The plaintiffs have also been directed not to create any third party interest in the suit.

2. Briefly stated, the facts leading to the filing of this appeal are that the respondents 1 and 2, who shall be hereinafter referred to as "the plaintiffs" for convenience, filed a suit for declaration and injuncti

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