S. No. 83

Before Notice Matters

HIGH COURT OF JAMMU &KASHMIR AND LADAKH

AT SRINAGAR

CM(M) No. 306/2022

CM No. 7502/2022

Shabir Ahmad Sheikh and anr.

…..Petitioner(s)

Through:

Mr. Mohammad Saleem Mir, Adv.

V/s

Mohammad Maqsood

….. Respondent(s)

Through:

CORAM:

Hon’ble Mr. Justice Sanjay Dhar, Judge.

ORDER

28.12.2022

1. The petitioners have invoked jurisdiction of this Court under Article 227

of the Constitution of India challenging initiation of the contempt

proceedings by the court of Munsiff Tangdar against them.

2. It appears that the respondent has filed a suit for permanent injunction

against the petitioners and co-defendants in respect of land measuring 06

marals in Khasra No. 2544/649 of Village Dildar, Karnah. In the said suit

an exparte interim order dated 31.03.2022 came to be passed by the

learned trial court directing defendants including the petitioners herein

not to interfere with the suit property.

3. Learned counsel for the petitioners has submitted that the petitioners have

already filed their written statement and objections to the interim

application before the learned trial court but inspite of this, the interim

P a g e | 2

CM(M) No. 306/2022

CM No. 7502/2022

application has not been decided by the learned trial court and instead

contempt proceedings have been initiated against the petitioners.

4. Rule3-A of Order 39 of CPC provides that the court shall make an

endeavour to finally dispose of the application for grant of interim

injunction within 30 days from the date on which exparte interim

injunction was granted. In the instant case, the exparte interim injunction

has been granted by the learned trial court on 31.03.2022 but till date the

application for grant of interim injunction has not been decided, despite

petitioners having filed their written statement before the trial court.

5. In view of the above, a direction is issued to the learned trial court to

decide and dispose of the application for grant of interim injunction filed

by the plaintiff in the suit, within a period of one month from the date a

copy of this order is produced before the said court. Till the application is

decided finally, the contempt proceedings initiated against the petitioners

shall defer subject to the condition that the petitioners shall file an

undertaking before the trial court that they will not violate the exparte

interim order passed by the said court.

(Sanjay Dhar)

Judge

SRINAGAR

28.12.2022

“Aasif