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2024 Supreme(J&K) 75

RAJNESH OSWAL
Ghulam Qadir Mir – Appellant
Versus
UT Of J. &K. – Respondent


Advocates Appeared:
For the Petitioners: Mr. M. S. Reshi.
For the Respondents: Mr. Jahangir Dar, Mr. Shuja-ul-Haq.

JUDGMENT :

1. The petitioners initially filed a suit against one Mohammad Anwar Gundroo wherein they sought the following reliefs:

    a. A decree of declaration, declaring the plaintiff as owners of a piece of land measuring 84 (Eighty Four) kanals 08 (Eight) marlas falling under Khasra/Survey No.898,903 1275/1055, 1275/1056, 1300/909, 1066, 1108/1107, 1205 Khewat No. 150, 151, 154, 155, 226 Khata No. 571, 686, 687, 691, 915 situated at Mouza/Estate Chatterhama, Tehsil Srinagar (North) District Srinagar, with further direction upon the Tehsildar & Patwari concerned to enter the Mutation/s in favour of the plaintiffs, as per ANNEXURE-A.

b. A decree of permanent prohibitory injunction restraining the defendant, his agents, and any other person/s acting through or under him, perpetually from causing any interference in the peaceful possession and enjoyment of the property by the plaintiffs.

c. A decree of permanent prohibitory injunction restraining the defendant, his agents, and any other person/s acting through or under him, perpetually from demolishing the erected tin sheeted boundary wall, whether in part or in whole, or otherwise causing any damage or injury to the property.

2. It wa

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