GH. MOHI-U-DIN MALLA Vs. SARA

JUDGEMENT

(1.) A Civil Original Suit was filed by the Respondent No. 1 against the Petitioner and other person which is pending adjudication on the files of learned 1st. Additional Munsiff, Srinagar. An ex parte ad interim order was passed in the suit on 04 -10 -2010, wherein and whereunder the Petitioner was temporarily restrained from installing Bend saw Mill on the suit land. The order was, however, made subject to objections of the other side and Petitioner was given liberty to approach the Court for modification, variation or discharge of the order. Thereafter, the learned trial Judge passed the order which is impugned in this petition and in terms of the said order, the Police station, Parimpora was directed to ensure implementation of the Court order dated 04 -10 -2010. The police was also directed to furnish compliance report before next date. The application has been disposed of but the order does not bear any date.

(2.) HEARD learned Counsel for the parties. Considered the matter.

(3.) LEARNED Counsel for the Respondents submitted that this revision petition is not maintainable as the order has been passed in the application under order 151 Code of Civil Procedure for implementation of the earlier order passed by the learned trial Judge. He also submitted that the learned trial Judge was duty bound to protect the lis as the Petitioner, in terms of Rule 4 of order 39, can file objections seeking vacation/modification of the order.