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HIGH COURT OF JAMMU AND KASHMIR
ABDUL MAJEED KIRMANI AND ANR. – Appellant
Versus
BILAL AHMAD KIRMANI – Respondent
ORDER :
1. The petitioners have challenged order dated 19.07.2021 passed by Civil Judge (Senior Division), Sopore, in the case titled “Bilal Ahmad Kirmani vs. Abdul Majeed Kirmani and ors” as also order dated 07.08.2021 passed by the said Court in the case titled “Ab. Majeed Kirmani & others. vs. Bilal Ahmad Kirmani”. By virtue of order dated 19.07.2021, the learned trial court has passed an interim exparte direction restraining the defendants from causing any illegal or unwarranted obstruction in plaintiff’s raising his residential house on land measuring 11 marlas in Khasra No.78 situated at Edipora Bomai Sopore. Vide order dated 07.08.2021, the learned trial court has rejected application of the petitioners filed under Section 10 of the Civil Procedure Code (CPC).
2. No one has been appearing on behalf of the respondent in this case for quite some time. Today also no one has appeared on his behalf. He is, accordingly, set exparte.
3. I have heard learned counsel for the petitioners and perused record of the case.
4. It appears that on 16.07.2021, the petitioners filed a suit for partition and permanent injunction against the respondent before the trial court. In the said suit, it wa
The applicability of Section 10 of the CPC is determined by the identity of issues in the suits, not the nature of relief sought.
A co-defendant cannot file a counter-claim against another co-defendant in a separate suit over distinct property matters, allowing the autonomous pursuit of relief in such disputes.
Partition proceedings cannot be halted when the suit land is shown to be joint between the parties according to the revenue record.
A petitioner seeking an interim injunction must establish a prima facie case, balance of convenience, and irreparable loss, failing which the application may be dismissed.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
Stay of suit – For application of Section 10 of CPC, matter in issue in both suits have to be directly and substantially in issue in previous suit.
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
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