SHABIR AHMAD GANAI Vs. GHULAM MOHI UD DIN

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India for setting aside order dtd. 24/5/2017 passed by learned Principal District Judge, Budgam, whereby, in a Miscellaneous Appeal filed against order dtd. 16/11/2015 of learned Munsiff, Chadoora, the petitioner has been temporarily restrained from causing any interference in possession of the respondent over the suit property.

(2.) It appears that the respondent herein (hereinafter referred to as the plaintiff) has filed a suit for permanent prohibitory injunction against the petitioner (hereinafter referred to as the defendant) before the Court of Munsiff, Chadoora. In the suit, the plaintiff has sought a permanent injunction restraining the defendant from interfering in possession of the plaintiff over the property comprising land measuring 04 marlas falling under Khasra No.33-min situated at Zangibagh B. K. Pora, Budgam and the construction raised thereon.

(3.) The case of the plaintiff before the trial court is that he is owner in possession of the suit property which he has purchased from its original owner, Shri Ghulam Hassan Sofi, by virtue sale deed registered with the concerned Sub-Registrar on 8/10/2010 and that he has constructed a single storeyed house on the said land. It is alleged in the plaint that the defendant is pressurizing the plaintiff and trying to dispossess him from the suit property. According to the plaintiff, on 28/6/2015, the defendant along with his associates came to the suit property and tried to dispossess the plaintiff therefrom which compelled the plaintiff to file an application under Sec. 156(3) of the Cr. P. C. before the Court of Judicial Magistrate, 1st Class (Sub Judge), Chadoora