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JAMMU AND KASHMIR HIGH COURT
not mentioned, J
Bansi Lal v. Udhey Raj
| Table of Content |
|---|
| 1. jurisdiction invoked under article 227 against an appellate order. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding maintenance of construction rights are raised. (Para 5 , 15) |
| 3. facts surrounding land ownership and possession are discussed. (Para 8 , 12 , 16) |
| 4. court reiterates ownership and legal rights of the respondent. (Para 14 , 17) |
| 5. final ruling dismisses the petition. (Para 18) |
1. The petitioners have invoked the jurisdiction of this Court under Art.227 of the Constitution challenging order dated 18.01.2022 passed by the learned Principal District Judge, Udhampur ('the appellate Court' for short), whereby the appeal filed against order dated 06.07.2020 passed by learned Munsiff (District Judicial Mobile Magistrate), Udhampur ('the trial Court' for short) in an application under O.39 R.1 and R.2 of CPC has been allowed, the impugned order therein has been set aside and the petitioners / respondents have been restrained from causing any interference or obstruction in raising any sort of construction including the partition wall by the respondent / plaintiff.
2. It appears that the respondent / plaintiff filed a civil suit against the petitioners / defendants befor
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