HABIBULLAH MALIK Vs. GH. NABI WANI AND ORS.

JUDGEMENT

(1.) Petitioner has invoked the writ jurisdiction of this court for quashing the order dated 24.02.2012 passed by Sub Judge, Ganderbal, in an application for grant of interim relief, filed along with a suit titled as Habibullah Malik v. Ghulam Nabi Wani and others, whereby the interim order granted vide order dated 01.02.2012 stands vacated, and also for quashing order dated 06.04.2012 passed by the Principal District Judge, Ganderbal in an appeal titled as Habibullah Malik v. Ghulam Nabi Wani and others, whereby the order passed by the learned Sub Judge, Ganderbal has been upheld (hereinafter, for short, impugned orders), on the grounds taken in the memo of petition.

(2.) It appears that the petitioner herein-plaintiff before the trial court 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 01.02.2012, came to be vacated vide order dated 24.02.2012, was subject matter of appeal before the Principal District Judge, Ganderbal, came to be dismissed vide judgment and order dated 06.04.2012 upholding the order of trial court. Both the orders are impugned in this writ petition.

(3.) Precisely the case of the petitioner is that the impugned orders have been passed without application of mind and without taking into consideration the grounds taken by him in the plaint.