LAWS(J&K)-2012-7-65

STATE Vs. ALI MOHD DAR

Decided On July 09, 2012
STATE Appellant
V/S
Ali Mohd Dar Respondents

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the orders dated 18-10-2011, 24-10-2011, 28-10-2011 and 29-10-2011 passed by the Principal District Judge, Anantnag, in a suit titled as Ali Mohammad Dar v. State & another, on the grounds taken in the memo of appeal.

(2.) The facts in brief are that plaintiff, respondent herein, filed a suit for mandatory injunction against the defendants, appellants herein, along with two miscellaneous applications - One for grant of leave to file suit while dispensing with the requirement of serving notice in terms of Section 80 of the Code of Civil Procedure (for short, CPC), and another for grant of ad-interim relief in terms of Order 39 CPC.

(3.) Leave to file the suit came to be granted vide order dated 15-10-2011 and notice came to be issued in the suit as also in the application for grant of ad-interim relief. The said order is not subject matter of challenge in the appeal in hand.