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2025 Supreme(Online)(J&K) 1807

JAMMU AND KASHMIR HIGH COURT
unknown,
Abdul Aziz Dar v. Green Valley Education Trust


Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Table of Content
1. claims of exclusive rights to a pathway. (Para 2 , 3 , 4)
2. arguments and claims about easement and encroachment. (Para 5 , 6 , 9)
3. court's observations on property rights. (Para 8 , 10 , 11 , 14)
4. evaluation of relevant case law. (Para 15 , 17)
5. final conclusion on appeal dismissal. (Para 18)

1. Caveat stands discharged.

2. Through the medium of present miscellaneous appeal the appellants / defendants have challenged order dated 25.09.2024 passed by learned Principal District Judge, Pulwama, whereby in a suit filed by respondent No.1 / plaintiff against the appellants and respondent Nos.2 to 7, application under O.39, R.1 and R.2 of CPC has been allowed and the appellants have been restrained from causing any sort of interference with respect to the suit land falling under survey No.6508 situated at village Lethpora, Tehsil Pampora, District Pulwama particularly with the pathway measuring 14x788 feet existing on spot.

3. It appears that respondent No.1 / plaintiff has filed a suit for mandatory injunction commanding the defendants, including the appellants herein, not to interfere or damage the suit property, more particularly the proprietary road exclusively ow
















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