SARDAR MOHD Vs. SALAMAT ALI

JUDGEMENT

(1.) The petitioner has filed this writ petition for quashing judgment and order dated 25.04.2013 passed by the learned Principal District Judge, Jammu in an appeal filed by the petitioner against the order dated 14.11.2012 which had been passed by the learned Munsiff, Jammu rejecting the application for grant of temporary injunction in favour of the petitioner. The petitioner filed a suit against his real brother, Nawab Din as well as his Attorney holder, Salamat Ali, wherein he challenged the General Power of Attorney dated 02.04.2011 attested by Sub-Registrar, III Additional Munsiff Jammu on 02.04.2011 on the ground that it was null and void, incompetent and inoperative against his rights in respect of the suit land comprising Survey No. 116 min measuring 14 marlas. It was pleased that the defendant No. 1 was his co-sharer and, therefore, he had no exclusive right of sale/transfer of the said piece of land. The petitioner in his suit also sought for the consequential relief of directing defendant No. 2 in the suit to remove the debris that had been accumulated on the suit land.

(2.) Alongside the suit, the petitioner also made an application for interim relief. It appears that, subject to objections of the other side, the trial court on 05.09.2012, ordered maintenance of status-quo with regard to the suit land.

(3.) Upon notice, the defendants filed their written statement as well as objections to the application for interim relief. After hearing, learned counsel for the parties and perusing the record, the trial court vide order dated 14.11.2012 rejected the application for interim relief. The petitioner took the matter in appeal before the appellate Court, but that court dismissed the appeal.