GHULAM HASSAN KHANYARI Vs. REYAZ AHMAD BHAT

JUDGEMENT

(1.) This writ petition filed in terms of Article 227 of the Constitution is filed to seek setting aside of the order dated 17 th April, 2018, for short impugned order, passed by the court of learned 1st Additional District Judge, Srinagar, for short court below, dismissing an application filed before it by the defendant no. 1, petitioner herein, in terms of Order VI Rule 4 of the Code of Civil Procedure, CPC, on the grounds taken therein. BRIEF FACTS

(2.) A civil suit titled Reyaz Ahmad Bhat v. Ghulam Hassan Khanyari and anr., has been filed by the plaintiff/ respondent no. 1 herein, before the court below for declaration, ejectment, possession and mandatory injunction on 7/5/2013, pleading inter alia therein that he has purchased land measuring 2 kanals and 4 marlas bearing Khasra no. 2482/2150/393, Khewat No. 324, Khata No. 1118-Min situated at Gupt Ganga, Srinagar, along with super structure standing over it from the defendant no. 2/ earlier respondent no. 2 herein, substituted by his wife after his demise, but the possession of the said property has not been delivered to him as the defendant no. 1, petitioner herein had remained in possession of the same as trustee, brother of the defendant no. 2/ respondent no. 2 who is refusing to deliver the possession to the plaintiff/ respondent no. 1 herein. The respondent no. 1/plaintiff had further, alongside the suit, filed an application for grant of ad-interim relief. The Court below, upon consideration of the matter, on motion hearing, had dispensed with the requirement of prior notice as envisaged by Order 39 Rule 3 CPC and granted the interim relief in favour of the plaintiff/ respondent no. 1 herein to the effect that no third-party interest in respect of the suit property shall be created till the objections are filed by the non-applicants/petitioner and respondent no. 2 herein, and the same are considered.

(3.) It appears that the petitioner as also the respondent no. 2 herein has appeared before the court below and filed their written version. While the respondent no. 2/ defendant no. 2 in the suit, has admitted the sale of the suit property to the plaintiff, the petitioner/ defendant no. 1 before the court below, has chosen to contest the same and has accordingly refuted the claim of the plaintiff/ respondent no. 1 herein in terms of the averments contained in the written statement filed by him before the court below.