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2024 Supreme(J&K) 164

SANJAY DHAR
Bansi Lal son of Mast Ram – Appellant
Versus
Udhey Raj son of Late Sh. Roop Chand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rameshwar Singh Jamwal, Advocate.
For the Respondent:Mr. Anil Khajuria Advocate

JUDGMENT :

1. The petitioners have invoked the jurisdiction of this Court under Article 227 of the Constitution challenging order dated 18.01.2022 passed by the learned Principal District Judge, Udhampur (‘the appellate Court’ for short), whereby the appeal filed against order dated 06.07.2020 passed by learned Munsiff (District Judicial Mobile), Udhampur (‘the trial Court’ for short) in an application under Order 39 Rule 1 and 2 of CPC has been allowed, the impugned order therein has been set aside and the petitioners/respondents have been restrained from causing any interference or obstruction in raising any sort of construction including the partition wall by the respondent/plaintiff.

2. It appears that the respondent/plaintiff filed a civil suit against the petitioners/defendants before the leaned trial Court seeking a mandatory injunction to handover the vacant possession of a piece of land measuring 65 feet x 78 feet 6 inches falling in khasra No.207 (new) and 73(old)situated at Sui, Udhampur, after removing malba of a house constructed over the said land. A further permanent prohibitory injunction restraining the petitioners/defendants from interfering into the peaceful posses

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