BASHIR AHMAD Vs. HIRA LAL

JUDGEMENT

(1.) THIS revision petition is directed against an order passed by the District Judge at Srinagar restraining the defendants from demolishing the suit property, concomitantly calling upon them to file their objections to the injunction sought for by the plaintiff respondent No. 1 herein.

(2.) RESPONDENT No. 1 brought a suit for declaration and injunction against the present ptitioners and the Muncipality of Srinagar, respondent No. 2 herein. Alongside, he also made an application for an interim injunction restraining the defendants from demolishing the suit building of which he claims to be a tenant under the present petitioners. On 11.2.1982 the learned District Judge passed the following order: - "This application has been presented by the learned counsel for the plaintiff/petitioner which is supported by an affidavit. Issue notice to other side. Since the application is supported by an affidavit, therefore a prima face case is made over for issue of temporary injunction, as prayed for in favour of the plaintiff/petitioner against the defendants/non -applicants. Therefore, a temporary injunction as prayed for is granted in favour of the defendants/non -applicants. This order is passed subject to the objections to be filed by other side. Put up the application on 24.2.1982." On the following day he passed yet another order which reads as under : - "Issue notice to the partys counsel for tomorrow. Demo -1 tiod of any kind of the said property be stopped."

(3.) BOTH the orders as appears from their apparent tenor are purely interlocutory in character though, there can be no manner of doubt that they are still appealable orders. Even so under the present circumstances of the case, especially keeping in view the averments made in the plaint it is not possible for me to dispose of this revision petition on merits. It is better that the petitioners file their objections before the District Judge and if the District Judge on hearing the parties still makes the injunction absolute then they have every right to come to this court in appeal.