JUDGMENT

Rahul Bharti, J.—Heard learned counsel for the parties.

2. A state of divergence of the decisions of the trial court of learned Munsiff, Jammu and of the appellate court of the learned District Judge, Jammu with respect to disposal of a temporary injunction application, under Order XXXIX of the Code of Civil Procedure, (in short, CPC), in a civil suit filed by the respondent nos. 1 to 3 against two persons i.e., the petitioner herein and Mst. Zohra Bano, proforma respondent herein, presents itself for scrutiny and examination sought from this Court under Article 227 of the Constitution of India read with the then in force Section 104 of the Constitution of Jammu and Kashmir.

3. The present petition came to be filed on 10.09.2013. It has awaited almost nine years for getting its disposal meaning thereby issue of a temporary injunction in a civil suit has not taken final rest from April, 2012 till ongoing 2022 and that sets an exigency of its kind in the adjudication of the present petition.

4. Factual context of the matter feeding the present petition needs to be set out at the outset before taking the call as to whether the case is the one in which this Court shall spare i