MOHAN SINGH Vs. DARSHANA KUMARI

JUDGEMENT

(1.) Supervisory jurisdiction of this court is being invoked by the petitioner seeking quashment of order dated 27.05.2020 (for short "the impugned order?) passed by the court of Sub Judge Jammu (for short "the trial court?).

(2.) Facts giving rise to the filing of the instant petition are that a suit for declaration and injunction came to be filed by the respondent herein against the petitioners in respect of immovable property/land covered under Khasra Nos.610 min (10 kanals) and 605 min (18 kanals 6 marlas) situated at village Pargwal Akhnoor, District Jammu. Alongside the main suit, in the application for interim relief, the trial court initially passed an order of status quo. During the pendency of the suit and operation of the interim order, two applications came to be filed by the plaintiff/respondent herein under Section Serial No. 226 151 CPC, one for allowing him to reap/harvest the wheat crop sown on the land in question and the other for releasing of the said harvested wheat crop purported to have seized/confiscated by Police Post Pargwal. In both the applications, the trial court issued notice to the non-applicants on 11.05.2020 and fixed both applications for further proceedings on 14.05.2020.

(3.) On 14.05.2020, in the first application the counsel for non applicant entered appearance and sought time for filing objections and which came to be granted by the trial court. The said application came to be fixed for further proceedings on 20.05.2020. In the second application on 14.05.2020, counsel for the non applicant as well appeared and sought time for filing objections which had been filed in between while fixing the next date in the case on 20.05.2020. In the first application, no further proceedings after 14.05.2020 have been undertaken by the trial court whereas in the second application, further proceedings had been deferred on two dates i.e. 23.05.2020 and 26.05.2020 fixing the next date in the said application on 27.05.2020.