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2024 Supreme(JK) 444

HIGH COURT OF JAMMU AND KASHMIR
Rahul Bharti, J
MOHD ASLAM AND OTHERS – Appellant
Versus
RIAZ AHMED AND OTHERS – Respondent


Advocates:
Mr. Rohit Verma, Mr. Ajaz Chowdhary

ORDER :

01. Heard learned counsel for the parties. Perused the pleadings and also the record summoned from the court below.

02. Through the medium of this civil revision under section 115 of the Code of Civil Procedure, 1908, the three petitioners are seeking indulgence of this Court to examine the legality and validity of an order dated 07.02.2023 passed by the court of Sub-Judge (Special Mobile Magistrate), Poonch, whereby an application filed by the petitioners, under Order 7 Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of the plaint has come to be rejected.

03. The civil suit, of which the rejection was sought by the petitioners, has been filed by the three respondents herein. In the said suit, the three respondents came to name as many as 16 defendants of which defendants No. 1 to 9 are Public/Govt. Officials and from the defendants 10 to 16 are the private individuals of which the present petitioners are defendants No. 10, 12 & 16.

04. In the civil suit, the three respondents have prayed for the following reliefs:-

“Decree for Mandatory Injunction directing the defendants to remove the illegal construction of 14 shops situated at village Samote measuring 01 kanal

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