BASHIR AHMAD BHAT Vs. GHULAM HASSAN BHAT

JUDGEMENT

(1.) Assailed in this petition, preferred under Article 227 of the Constitution of India, is Order dtd. 25/7/2020, passed by Principal District Judge, Bandipora (for short as 'Appellate Court') on an Interim Application arising out of an Appeal titled as Ghulam Hassan Bhat v. Bashir Ahmad Bhat and others, and setting-aside thereof is prayed for by petitioners. Prayer for dismissal of Appeal as also Application for grant of interim relief filed by respondent before appellate court, is also sought for by petitioners to be granted.

(2.) Petitioners, as pleaded in petition in hand, filed a suit for permanent injunction before Munsiff Bandipora (for brevity referred to as 'Trial Court'). Alongside thereto an application for grant of ad interim relief was also filed by petitioners, in which an order dtd. 10/9/2018 was passed by the Trial Court; operative portion, given the controversy involved in petition on hand, would be profitable to be reproduced hereunder: 'Considering the above facts and reasons, issue notice to other side for filing of written statement in the suit and objections in the interim application. In the mean-time till objections are filed and same are considered, the non-applicant/defendant is temporarily restrained from causing any sort of interference with the suit property falling under survey number 23 measuring 1 Kanal 05 Marlas in total situated at Papchan Bandipora. The other-side shall be at liberty to approach this Honourable Court at any time for modification, reversal or setting aside of this order....'

(3.) Against aforesaid order dtd. 10/9/2018, an appeal respondent directed before the Appellate Court on 25/7/2020. Upon entertaining the appeal preferred by respondent, the Appellate Court passed order dtd. 25/7/2020, admitted it and kept in abeyance Trial Court order dtd. 10/9/2018. This is how the parties are before this Court.