AB HAMID SHAH Vs. CHIEF SECRETARY, J&K GOVT

JUDGEMENT

(1.) THIS motion of revision is directed against the order of Sub Judge, Kupwara recorded on application for issuance of ad -interim injunction dated 4.4.1999 arising in Civil Original suit titled as Abdul Hamid Shah versus Chief Secretary of J&K Government and others, whereby he came to refuse the issuance of ad -interim injunction and against the order of the Ld. Distt. Judge, Kupwara dated 30.9.1999, whereby he came to dismiss the appeal preferred against the order of learned Sub -Judge, Kupwara.

(2.) THE inconvertible facts in this appeal are that the petitioner/plaintiff came to institute a suit for perpetual before the learned Sub -Judge, Kupwara to the effect that they be permanently restrained to raise construction of School Building on Survey No.1517 located at Drugmulla -Kupwara in such a way which may cause damage to the roots and branches of two walnut trees belonging to the petitioner/ plaintiff existing in Survey No.2995 located at Dragmulla -Kupwara. Alongside, this suit the petitioner/plaintiff came to file an application for issuance of ad -interim injunction to the effect that till the final decision of the suit the respondents which includes public functionaries and the private individual, to restrain from carrying out proposed construction of the school building on survey No. 1517 located at Drugmulla -Kupwara which is state land near survey No. 2995 where two walnut which are existing on spot from last about two decades in such a manner which may cause damage to the roots and branches of the said walnut trees. The learned Sub -Judge rejected the petition after holding that neither the petitioner/plaintiff has a prima facie case nor the balance of convenience in his favour.

(3.) THE petitioner/plaintiff went in appeal against the order -of the trial court before the learned District Judge, Kupwara who while affirming the order of the learned trial court also came to dismiss the appeal.