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2022 Supreme(J&K) 690

VINOD CHATTERJI KOUL
Bashir Ahmad Bhat – Appellant
Versus
Gh. Hassan Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : I. Sofi
For the Respondent: Bhat Fayaz

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. Assailed in this petition, preferred under Article 227 of the Constitution of India, is Order dated 25th July, 2020, passed by Principal District Judge, Bandipora (for short as “Appellate Court”) on an Interim Application arising out of an Appeal titled as Ghulam Hassan Bhat v. Bashir Ahmad Bhat and others, and setting-aside thereof is prayed for by petitioners. Prayer for dismissal of Appeal as also Application for grant of interim relief filed by respondent before appellate court, is also sought for by petitioners to be granted.

2. Petitioners, as pleaded in petition in hand, filed a suit for permanent injunction before Munsiff Bandipora (for brevity referred to as “Trial Court”). Alongside thereto an application for grant of ad interim relief was also filed by petitioners, in which an order dated 10th September, 2018 was passed by the Trial Court; operative portion, given the controversy involved in petition on hand, would be profitable to be reproduced hereunder:

    "Considering the above facts and reasons, issue notice to other side for filing of written statement in the suit and objections in the interim application. In the mean-time till objec

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