SHAHID AHMAD LONE Vs. SONAULLAH SHAH

JUDGEMENT

(1.) By medium of this Petition, filed under Article 227 of the Constitution of India, the Petitioners/Defendants in the Suit have assailed the validity of Order dated 26th of August, 2021 passed by the Court of learned Munsiff, Kupwara in the Suit filed by the Plaintiff/Respondent herein titled 'Sonaullah Shah v. Shahid Ahmad Lone and Ors.', in terms whereof the learned trial Court has temporarily restrained the Petitioners/Defendants from causing any sort of interference with regard to the possession and construction of residential house over the suit property measuring 01 Kanal and 10 Marlas covered under Survey No. 2024 situate at Awoora.

(2.) Learned Counsel for the Petitioners/Defendants submitted that the impugned Order passed by the learned Court below is without jurisdiction in view of the fact that the Suit property is situated in village Awoora, which village falls under the jurisdiction of the Court of learned Sub-Judge, Trehgam. It is further submitted that by passing the impugned Order, which is interim in nature, the learned trial Court has virtually granted the whole relief in favour of the Plaintiff/Respondent that was prayed in the main Suit.

(3.) Heard the learned Counsel for the Petitioners/Defendants, perused the pleadings on record and considered the matter.