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2024 Supreme(J&K) 20

JAVED IQBAL WANI
Gulab Singh – Appellant
Versus
Kuldeep Singh, S/o. Munshi Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. Surinder Singh.
For the Respondent: Mr. P.S. Parmar.

JUDGMENT :

1. The petitioners have invoked the Supervisory Jurisdiction of this Court enshrined in Article 227 of the Constitution of India while seeking quashment of order dated 10.01.2014 (for short “the impugned order”) passed by the court of Additional District Judge, Jammu (for short “the appellate court”) upon an application filed under Order 41 Rule 27 C.P.C by the petitioners herein for leading additional evidence in the appeal filed by the petitioners herein arising out of judgment and decree dated 13.04.2011 passed by the court of 2nd Additional Munsiff, Jammu (for short “the trial court”) in civil suit titled as “Kuldeep Singh Vs. Gulab Singh and Ors.”

2. Facts emerging from the record would reveal that the plaintiff-respondent herein obtained a judgment and decree dated 13.04.2011 in the suit (supra) for permanent in injunction filed against the defendants-petitioners in respect of land measuring 02 Marlas covered under Survey No. 91 min Khata No. 55 Khewat No. 27 situated at Mud Tehsil and District Jammu.

3. Aggrieved of the judgment and decree dated 13.04.2011, the defendants-petitioners herein preferred civil first appeal before the appellate court and during its penden

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