MOHAMMAD SHAFI BHAT AND ANOTHER Vs. GHULAM MOHI

JUDGEMENT

(1.) The subject matter of the writ petition is order dated 21st October, 2011 passed by Additional District Judge, Anantnag read with the order dated 5th March, 2008, passed by Munsiff Anantnag in a suit titled as Mohammad Shafi Bhat and another v. Ghulam Mohi-ud-din Bhat, whereby application for grant of ad-interim relief moved by writ petitioner was dismissed, on the grounds taken in the writ petition.

(2.) Precisely the case of the petitioner is that he filed a suit for grant of permanent injunction before the Munsiff Anantnag alongside an application for grant of ad-interim relief was also filed. The application for ad-interim relief was dismissed, constraining the petitioner to file appeal before the Additional District Judge, Anantnag which too was dismissed.

(3.) Trial court and Appellate court dismissed the application of the plaintiff-pe titioner on the basis of the report of Commissioner appointed by the trial court. Basing the decision on a Commissioner's report is illegal and not in accordance with law.