MOHAMMAD YAQOOB LONE Vs. HAMIDULLAH LONE

JUDGEMENT

(1.) Through the medium of this writ petition filed under Article 227 of the Constitution of India, the petitioners seek setting-aside of the Order dtd. 23/8/2021, passed by the court of Principal District Judge, Kulgam (for short the "Appellate Court") in a Civil Miscellaneous Appeal titled as 'Hamidullah Lone and others vs. Mohd Yaqoob Lone and others', by which the Order dtd. 17/6/2021, passed by the court of Sub Judge, Kulgam (for brevity the "Trial Court") in a case titled 'Hamidullah Lone and others vs. Mohd Yaqoob Lone and others', dismissing the interim application of the respondents, has been set-aside, on the grounds tailored therein.

(2.) Heard the learned counsel for the parties and considered the matter.

(3.) A civil suit (Annexure II to writ petition) titled 'Hamidullah Lone and others vs. Mohd. Yaqoob Lone and others', has been filed by the respondents before the Trial Court, in which they state that the respondents and petitioner no.1 herein are the real brothers and are the owners in joint possession of the land measuring 47 Kanals and 17 Marlas, situated at Village Guffan Tehsil Yaripora District Kulgam (hereinafter for the sake of brevity is being called as the "suit property") which fact, according to the respondents, is evident from the revenue records. The suit land is claimed to be joint and unpartitioned as no legal partition thereof by metes and bounds have taken place.