NAZIR AHMAD SOFI Vs. STATE

JUDGEMENT

(1.) Petitioners instituted a Civil Original Suit for declaration and injunction on the plea that they were tenants of respondent No. 5 (Sona-ul-Lah Malik), which suit is pending on the files of court of Judge Small Causes, Srinagar. The respondent No. 5 is defendant in the said suit. Mr. A.R. Bhat, learned counsel for the private respondents submitted that respondents 6 to 8 have already been impleaded as party-defendants in the said suit.

(2.) The Trial Court on 25th May, 2011 passed an interim order directing the official respondents not to disburse the amount of compensation of the shops in favour of Sona-ul-Lah Malik, who is defendant No. 6 in the suit and respondent No. 5 in this petition.

(3.) Thereafter, the respondents 6 to 8 filed writ petition bearing OWP No. 439/2011 before this Court, which was disposed of by the Court without issuance of notice to the other side. It is this order which is sought to be recalled in this writ petition on the ground that the petitioners being interested persons having laid claim for payment of compensation in the capacity of being tenants of the shops and the Civil Court being in session of the matter, the Order dated 21st September, 2011 passed in OWP No. 439/2011 is adversely affecting their legal rights.