OMKAR MEHRA Vs. HIRA LAL & ORS.

JUDGEMENT

(1.) This Civil First Miscellaneous Appeal is directed against order dated 09th May, 2012 (for short 'impugned order') passed by the Learned Principal District & Sessions Judge, Srinagar, in an application moved by the plaintiffs for directing the police to implement order dated 24.07.2004 in a suit titled Shri Omkar Mehra and others v. Shri Hiralal and others, on the grounds taken in the memo of appeal.

(2.) It appears that a suit for partition, perpetual injunction and possession was filed before the Learned Principal District and Sessions, Judge, Srinagar. Along side the suit, an application was made for grant of ad interim relief, which was granted and by order dated 24.07.2004 the parties were directed to maintain status quo. The order was to remain in force till next date and thereafter, it stands extended in terms of orders dated 26.07.2004 and 14.08.2004 till next. The case was posted for 17.08.2004. On the said date, the interim direction was not extended. It was only on 26.05.2007 that the status quo order was extended with effect from the said date. It is axiomatic, therefore, that the order of status quo was not in operation from 17.08.2004 to 26.05.2007.

(3.) During the pendency of the suit, the plaintiffs moved an application on 20.05.2008 for arraying one Ghulam Mohidin Khanday S/O Mohammad Ramzan Khanday R/O Gogjibagh, Srinagar, as party/defendant in the suit, which was granted in terms of order dated 31.10.2011. Thus the defendant, respondent No. 6 became party to the lis in terms of order dated 31.10.2011. The plaintiffs had specifically averred in the application for impleadment filed on 20.05.2008 that respondent No. 6 had purchased portion of the subject matter of the suit property and has started to raise construction thereon and had thus changed the nature of the suit property by raising construction on spot. It is apt to reproduce paragraph 5, which reads as under: