DIN Vs. YOUSAF

JUDGEMENT

(1.) The present petition has been filed under Section 104 of the Constitution of Jammu and Kashmir, for quashing the order dt. 24.10.2013, passed by the learned 2nd Addl. District Judge, Jammu, in the file No. 38/Civil, whereby the appeal filed by the appellants-respondents herein against an order dt. 10.9.2013, passed by the learned Sub Judge, Jammu, has been accepted and the parties have been directed to maintain status quo with respect to the suit property. It appears that a civil suit for permanent prohibitory injunction was filed by predecessor in interest of the respondents herein against the petitioners before this court from interfering in land measuring 8 kanals comprised under khasra No. 2264, situate at village kote, tehsil and district Jammu. An interim order dt. 29.06.2013, came to be passed by the learned Sub Judge, Judicial Magistrate, 1st Class, Jammu, ordering maintenance of status quo on spot. Subsequently, upon written statement having been filed by the defendants-petitioner herein, interim directions aforementioned were vacated by virtue of order dt. 10.09.2013.

(2.) An appeal was preferred against the order dt. 10.09.2013, by the appellants-respondents herein before the learned 2nd Addl. District Judge, Jammu, who passed the order impugned herein, directing the parties to maintain status quo.

(3.) Challenging the aforementioned order passed by the appellate court, counsel for the petitioners urged that the order impugned was contrary to the pleadings and that by passing the same, the main relief itself had been granted. It was further urged that material facts had been suppressed by the appellants-respondents herein which would disentitle them from claiming the relief as they had earlier approached the Custodian and thereafter have filed the civil suit without disclosing about the said proceedings before the learned trial court or the appellate court.