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HIGH COURT OF JAMMU AND KASHMIR
SANJAY DHAR, J
MOHAMMAD AFZAL MALIK – Appellant
Versus
MOHAMMAD AKRAM WANI & ORS. – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's injunction order. (Para 1 , 2 , 3) |
| 2. defendants’ claim of possession through exchange. (Para 4 , 5 , 7 , 8) |
| 3. discussion on jurisdictional scope. (Para 9 , 10) |
| 4. guidelines for high court's exercise of jurisdiction. (Para 12 , 13 , 14 , 15) |
| 5. assessment of possession necessary for injunction. (Para 18 , 19 , 20 , 21) |
| 6. final ruling and dismissal of petition. (Para 22 , 23) |
JUDGMENT
1) The petitioner, through the medium of present petition, has challenged order dated 22nd April, 2024, passed by the learned Principal District Judge, Kulgam (hereinafter referred to as “the Appellate Court), whereby the appeal as against order dated 16.03.2024 passed by the learned Munsiff, Kulgam (hereinafter referred to as “the trial court”) dismissing the application of the petitioner under Order 39 Rule 1 and 2 of the CPC, has been dismissed. Challenge has also been thrown to order dated16.03.2024 passed by the trial court.
2) It appears that the petitioner (plaintiff) filed a suit seeking a permanent prohibitory injunction against the respondents (defendants) before the learned trial court. It was pleaded by the plaintiff that he is owner in possession of
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