LAWS(J&K)-2011-11-33

ABDUL REHMAN DAR Vs. SHOWKAT ALI BHAT

Decided On November 09, 2011
Abdul Rehman Dar And Ors. Appellant
V/S
Showkat Ali Bhat Respondents

JUDGEMENT

(1.) Petitioners have invoked the writ jurisdiction of this court for quashing the orders dated 26th of April, 2011, and 5th of May, 2011 passed by Sub-Judge, Anantnag in a suit titled Abdul Rehman Dar and ors v. Mohd. Shafi Wani and others, and order dated 27th of July, 2011 passed by Additional District Judge, Anantnag in an appeal titled as Showkat Ali Bhat and others v. Abdul Rehman Dar and others, hereinafter for short as impugned orders, on the grounds taken in the memo of petition.

(2.) It appears that respondents' herein-plaintiffs before the trial court have filed a civil suit for decree of permanent injunction along with the application for grant of ad-interim relief. Exparte order came to be passed vide order dated 26th of April, 2011 was made absolute vide order dated 5th of May, 2011, was subject matter of the appeal before the Additional District Judge, Anantnag, came to be dismissed vide judgment and order dated 27th of July, 2011. All the three orders are impugned in this writ petition.

(3.) Precisely the case of the petitioners is that the impugned orders have been passed in hot haste; without application of mind and without taking into consideration the grounds taken by the petitioners-defendants in the written statement.