Zaiba (Mst. ) vs Gh. Ahmad Zargar - 2022 Supreme(J&K) 683

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 683

SANJAY DHAR
Zaiba (Mst. ) – Appellant
Versus
Gh. Ahmad Zargar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Qazi Ayaz
For the Respondent: Sheikh Hilal

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has challenged order dated 13.12.2022 passed by learned Additional District Judge, Budgam (hereinafter referred to as the appellate court), whereby, in an appeal filed against the order of Munsiff, Budgam (hereinafter referred to as the trial court), the respondents(hereinafter referred to as the defendants) have been permitted to raise construction over the suit land subject to an undertaking that they will dismantle the construction in case the petitioner(hereinafter referred to as the plaintiff) succeeds in the suit and at the same time, the defendants have been directed not to create any third party interest in the suit property.

2. It appears that the plaintiff has filed a suit against the defendants seeking a declaration that she is entitled to 42 kanals and 10 marlas of land situated at Zooribagh, Budgam. A decree of partition of the suit land measuring 61 kanals along with the decree of possession in respect of the remaining share of 06 kanals and 10 marlas in the suit land has also been sought. The plaintiff has also sought an injunction against the defendants restraining them from interfering in the exclusive possession of the sui

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