The discretion of civil courts in passing interim injunctions and the need to maintain equilibrium between the parties in a suit.

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 injunction against Mst. Nasreena and five others. The appellant herein was arrayed as party/defendant No.3 in the suit and shall hereinafter be referred to as such. In the suit, the plaintiffs have pleaded that they are owners in possession of the subject land which they have purchased by virtue of three different sale deeds executed by the vendors in their favour on 13th of May, 2010 with respect to land measuring 01 kanal under Khewat No.34, Khata No.199, dated 4th July, 2012 for land measuring 04 kanals under Khasra No.219-min Khewat No.34 and dated 13th May, 2010 for land measuring 01 kanal and 10 marlas falling under Survey No.219, Khewat No.34 Khata No.199 situated at Mouza Brane Batgo Tehsil and District Srinagar. It is alleged that the defendant No.3-appellant herein has been making attempts to encroach upon the subject land claiming it to be the part of the land purchased by him by virtue of a sale deed executed in the year 2005 with respect of land measuring 01 kanal and 10 marlas.

3. In the backdrop of aforesaid grievance projected by the plaintiffs in their suit, following reliefs have been claimed in the suit :

(i) A decree for declaration declaring that the plaintiffs are the absolute owners in possession of land measuring 2 Kanals 14 Marlas falling under survey No. 219 situated at Mouza Brane Tehsil and District Srinagar on the strength of the sale deeds dated 13th day of May, 2010, 4th July, 2012 and 13th May, 2010 (supra) and it be further declared that the defendants 1 to 3 have absolutely no concern with the land purchased by the plaintiffs and that any document upon which reliance has been placed by the defendant No.3 is inconsequential and ineffective against the rights and interests of the plaintiffs.

(ii) A decree for permanent injunction restraining the defendant No. 3 from causing any interference into the peaceful user of the property by the plaintiffs or proclaiming any right over the same. The defendants 1 and 2 be also restrained from creating any clout over the ownership rights of the plaintiffs vis-a-vis the suit land. The official defendants be also directed by virtue of an appropriate decree to take appropriate measures and action as is required to be taken under law for the purpose of upholding the majesty of law and maintain rule of law and prevent damage being caused to the person of the plaintiffs, their family members and the property owned by them.

4. On being put on notice, the defendant No.3 has entered appearance in the suit and filed his written statement. While refuting the averments made in the plaint, the defendant No.3 has pleaded that he is owner in possession of land measuring 01 kanal 10 marlas falling under Khewat No.59 Khasra Nos.4153/3817/145, 3813/145, 4161/3819/147, Khewat No.284, Khasra Nos.3816/145, 4169/1